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?

<p>They use a complex approach to study law, economics, and politics together (D)</p> Signup and view all the answers

What best defines the 'gold standard'?

<p>A monetary system linked to fixed amounts of gold (B)</p> Signup and view all the answers

How is classical Chinese political and legal philosophy characterized?

<p>Underlines governance through the concept of 'renzhi' (C)</p> Signup and view all the answers

How does normative conceptualization define globalization?

<p>As a set of rules among states (B)</p> Signup and view all the answers

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

<p>H.J. Mackinder (C)</p> Signup and view all the answers

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

<p>To ensure that trade flows smoothly, predictably, and freely (B)</p> Signup and view all the answers

From where does the constitutional chain of legitimacy begin?

<p>Starts from the people and is channelled to a constitution (A)</p> Signup and view all the answers

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

<p>OECD (A)</p> Signup and view all the answers

When was the Modern State conventionally considered to be born?

<p>The Peace of Westphalia (D)</p> Signup and view all the answers

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

<p>Recognition of the difference between law in action and law in books (A)</p> Signup and view all the answers

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

<p>Promotion of law reforms in developing nations (C)</p> Signup and view all the answers

Who were key figures in ideating the Bretton Woods system?

<p>John Maynard Keynes and Henri Dexter White (A)</p> Signup and view all the answers

What does legal universalism imply according to Husa?

<p>Human rights should have universal applications (A)</p> Signup and view all the answers

Which statement best characterizes natural law theories?

<p>Derived from non-manmade sources (B)</p> Signup and view all the answers

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

<p>The official presence and effective absence of the USA (A)</p> Signup and view all the answers

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

<p>Divided into local 'ius proprium' and transnational 'ius commune' (B)</p> Signup and view all the answers

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

<p>Europe should refrain from intervening in the Western Hemisphere (A)</p> Signup and view all the answers

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

<p>Structural features of the economy enhance rule of law in democracies (C)</p> Signup and view all the answers

Authoritarian regimes, such as China, typically:

<p>Utilize a version of rule of law for internal governance (D)</p> Signup and view all the answers

Flashcards

Gold Standard

A system where a fixed amount of gold backs the standard monetary unit, ensuring its value remains tied to gold.

Legal Centralism

The ideology that emphasizes the dominance of law in shaping society, especially in modern times.

Geographic Limitation of Legal Systems

The concept that a single legal system is confined to a specific geographic area.

WTO System

A system of international rules that governs trade between countries, with the goal of facilitating global commerce.

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Renzhi

It is a system where governance focuses on the virtuous leadership of individuals, aiming to guide people to become morally upright citizens.

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Fazhi

It emphasizes the importance of laws in governing society, akin to the Western concept of 'rule of law' but with a distinct Chinese philosophical foundation.

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The Geographical Pivot of History

A theory by Halford John Mackinder, which postulates that the heartland of Eurasia is a strategically crucial geographic region.

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Tulip Bubble

A historical event that demonstrates the inherent instability of markets when driven by speculation and irrational exuberance.

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What is the WTO's primary function?

The WTO's main role is to encourage smooth, reliable, and free international trade.

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What is the constitutional chain of legitimacy?

The idea that legitimate power originates from the people and is passed down through a constitution.

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Name the three pillars of Bretton Woods multilateralism.

The IMF, World Bank, and GATT (now WTO) are the three core organizations of the Bretton Woods system for international economic cooperation.

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When and how did comparative law originate?

Comparative law emerged in the 19th and 20th centuries, primarily as a derivative of private international law.

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When is the birth of the modern state usually placed?

The modern state is generally considered to have emerged with the Peace of Westphalia, which ended the Thirty Years' War.

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What is Professor Coleman's argument in "The Hobbesian Basis of American Constitutionalism"?

Coleman argues that Hobbesian philosophy influenced not only Locke and Madison, but also the core principles of the U.S. Constitution.

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What characterized the second generation of "Law and Development"?

The second phase of the Law and Development approach shifted focus from state-led reforms to market-oriented policies, particularly in the early 1980s.

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What distinguishes the American variant of legal realism?

One of the key hallmarks of American legal realism is recognizing the difference between law as written and law as applied in practice.

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How do the authors of "The Economic Consequences of Legal Origins" define legal origin?

In "The Economic Consequences of Legal Origins," they consider legal origins as broad styles of social control, encompassing economic and other aspects of life.

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What was the initial purpose of the "Law and Development" movement?

The Law and Development movement began with the goal of Western developed economies promoting legal reforms in less developed countries.

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How was Western European law structured in the Middle Ages?

In the Medieval period, Western European law was typically divided into local "ius proprium" (customary law) and the transnational "ius commune" (common law).

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What issue arose between the League of Nations and the Western Hemisphere?

The League of Nations faced challenges due to the effective absence of the United States, despite its formal absence.

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What was the purpose of the Monroe Doctrine?

The Monroe Doctrine, declared in 1823, aimed to prevent further European colonization in the Western Hemisphere.

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What are the core tenets of natural law theories?

Natural law theories generally posit that there are normative rules that are not of human origin, such as those derived from reason, morality, or religion.

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Who were the main proponents of the Bretton Woods system?

John Maynard Keynes and Harry Dexter White were key intellectuals who shaped the Bretton Woods system.

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Study Notes

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

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