Legal Frameworks and Global Perspectives

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Questions and Answers

What is a characteristic of 'legal centralism'?

All legal systems belong to the Western Legal Tradition

A single legal system can correspond only to a single geographical area (correct)

Legal centralism promotes universal legal principles

Every legal system is based upon a specific natural law conception

What lesson does the 'tulip bubble' teach about markets?

Any market must have rules designed outside of it (correct)

Goods automatically find a price in the market

The state should not interfere in market matters

Market crashes are inevitable without government oversight

In the new 'Jus Publicum Europaeum', what became the connecting link between land and sea?

The French state

The island of England

The Empire (correct)

The Mediterranean Sea

What do various comparative and global approaches have in common?

They use a complex approach to study law, economics, and politics together Signup and view all the answers

What best defines the 'gold standard'?

A monetary system linked to fixed amounts of gold Signup and view all the answers

How is classical Chinese political and legal philosophy characterized?

Underlines governance through the concept of 'renzhi' Signup and view all the answers

How does normative conceptualization define globalization?

As a set of rules among states Signup and view all the answers

'The Geographical Pivot of History' is an important article by which author?

H.J. Mackinder Signup and view all the answers

What is the main function of the World Trade Organisation (WTO)?

To ensure that trade flows smoothly, predictably, and freely Signup and view all the answers

From where does the constitutional chain of legitimacy begin?

Starts from the people and is channelled to a constitution Signup and view all the answers

Which of these is NOT one of the three pillars of Bretton Woods institutionalized multilateralism?

OECD Signup and view all the answers

When was the Modern State conventionally considered to be born?

The Peace of Westphalia Signup and view all the answers

What describes a major characteristic of the American version of legal realism?

Recognition of the difference between law in action and law in books Signup and view all the answers

What is the earliest background of the 'Law and Development' approach?

Promotion of law reforms in developing nations Signup and view all the answers

Who were key figures in ideating the Bretton Woods system?

John Maynard Keynes and Henri Dexter White Signup and view all the answers

What does legal universalism imply according to Husa?

Human rights should have universal applications Signup and view all the answers

Which statement best characterizes natural law theories?

Derived from non-manmade sources Signup and view all the answers

The problem between the League of Nations and the ‘Western Hemisphere’ was largely about:

The official presence and effective absence of the USA Signup and view all the answers

Which of the following best describes the administrative structure of law in the Middle Ages in Western Europe?

Divided into local 'ius proprium' and transnational 'ius commune' Signup and view all the answers

What was the central idea of the Monroe Doctrine proclaimed in 1823?

Europe should refrain from intervening in the Western Hemisphere Signup and view all the answers

What is a commonly used argument for linking law and economics?

Structural features of the economy enhance rule of law in democracies Signup and view all the answers

Authoritarian regimes, such as China, typically:

Utilize a version of rule of law for internal governance Signup and view all the answers

Study Notes

Legal Centralism

Characterized by the idea that legal systems, while potentially diverse, are influenced by one another.
Not all legal systems belong to the Western Legal Tradition.
Legal systems aren't necessarily tied to specific geographic areas.

Tulip Bubble

Teaches the importance of rules designed outside markets.
Markets benefit from external regulation.
Prices are not always automatic in markets.

Jus Publicum Europaeum

The connection between land and sea orders involved the Empire.

Comparative and Global Legal Approaches

They often combine legal, economic, and political analyses.
They frequently present a universal perspective in comparison to state-focused approaches.
They still consider and analyze state law.

Gold Standard

A monetary system where the standard currency's value is fixed relative to gold.

Chinese Political and Legal Philosophy

Emphasizes governance ("renzhi").

Normative Globalization

Globalization is primarily defined by rules that govern relationships between states and their governance systems.

Geographical Pivot of History

Written by H. J. Mackinder.

WTO System

Aims for smooth, predictable, and free trade flows.

Constitutional Legitimacy

Legitimacy flows from the people to the constitution.

Bretton Woods Multilateralism

The three pillars include the IMF, WB, and GATT.

Comparative Law

Developed in response to evolving international relations and not just private international law..
Evolved from the need to consider multiple jurisdictions and legal contexts.

Modern State

Conventionally considered to originate with the Peace of Westphalia.

American Constitutionalism

Emphasizes Hobbes, Locke, and Madison's influence.

Law and Development

The second generation focused on legal reform projects and market-oriented policies.

Legal Realism

Recognizes the distinction between "law in action" and "law in books".

Legal Origins

The concept of legal origin is broad and relates to economic and social control, not simply isolated from these factors.

Law and Development Origins

The early background is in Western developed economies promoting legal reforms in developing countries.

Medieval European Law

Characterized by a blend of local and transnational legal systems ("ius proprium" and "ius commune").

League of Nations and Western Hemisphere

The USA was officially present, but effectively its involvement was absent.

Monroe Doctrine

Restricted European influence in the Western Hemisphere.

Natural Law Theories

Theories that derive normative rules from non-human sources (not specifically religious or moral).

Bretton Woods Inspirers

John Maynard Keynes and Henri Dexter White.

Legal Universalism

The idea that human rights apply globally and universally.

Cultural Nature of Law and Globalization

The cultural comparative law perspective considers both globalization and glocalization, recognizing their equal significance..

Scientification of Comparative Law

Culminated during the Congress of St. Louis in 1904.

Law and Economics

A connection between Law and Economics is often based on the concept that efficient rule-of-law systems are highly dependent on the structural features of economies and are higher in democracies.

Authoritarian Regimes

Often utilize law for self-reform and internal power adjustments.

Globalization Actors

The primary actors are markets and states.

Pluralist Theories

Acknowledge and value legal diversity, but may propose ways to address it legally.

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Description

This quiz explores various legal concepts, including the influence of legal systems on one another and the importance of external regulation in markets. It also delves into historical and philosophical aspects such as the Gold Standard and Chinese legal philosophy. Engage with key themes and analyses that shape global and comparative legal approaches.