Fluidity in Law
Prospects and Retrospects
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Beschreibung
This book explores the unique nature of the fluidity of law in the continual evolution of society and the development of laws to respond to new life situations. While the fluidity of law frequently fluctuates from one moment to the next, this flexibility enables law to meet and adapt to new standards. Rather, law as a living entity is under constant strain and needs to be firmly grounded in the past as it subsequently adjusts or even swings in new directions to accommodate new possibilities. Its theoretical perspectives, including philosophical and sociological theories, are necessarily situated in relation to this tension-filled system. This book first explores the socio-cultural and legal portrayals of the fluidity of law, then provides legal case studies of this tension-filled system on localized as well as comparative scales. More generally, the book explores legal, social, and cultural avenues to help this system claims its unique identity; i.e., the fluidity of law.
This book explores the unique nature of the fluidity of law in the continual evolution of society and the development of laws to respond to new life situations. While the fluidity of law frequently fluctuates from one moment to the next, this flexibility enables law to meet and adapt to new standards. Rather, law as a living entity is under constant strain and needs to be firmly grounded in the past as it subsequently adjusts or even swings in new directions to accommodate new possibilities. Its theoretical perspectives, including philosophical and sociological theories, are necessarily situated in relation to this tension-filled system. This book first explores the socio-cultural and legal portrayals of the fluidity of law, then provides legal case studies of this tension-filled system on localized as well as comparative scales. More generally, the book explores legal, social, and cultural avenues to help this system claims its unique identity; i.e., the fluidity of law.
Seeks to enliven the conceptual approach to law as fluid in order to generate a framework of normativity Examines the fluidity of law in France, Hawai‘i, the United States, Europe, and related global scopes Contextualizes the fluidity of law in different socio-economic, cultural and economic environments
Autor*in
Anne Wagner
Themen in »Fluidity in Law«
fluidity of law flexibility of law framework of normativity evolution of society new standards new life situtations