Transnationalism and migration are recognised contributors to legal pluralism. Scholars of legal pluralism state that in conflicts, social actors sustain their claims with arguments from coexisting legal systems. They manoeuvre between different legal systems, or contradicting norms within one system, to achieve the most satisfactory decision in a conflict. In doing so, they use norms as discursive tools. Indeed, according to data on domestic workers in Saudi Arabia and the Emirates, this manoeuvring with norms as discursive tools is often recognisable in conflicts between workers and their employers. However, transnational contractual norms and the legal pluralism they create are not merely discursive tools in existing conflicts; they are also regularly the cause of conflicts. Domestic workers conclude agreements with agents in their countries of origin, while employers conclude agreements with different agents in the destination countries. Both parties believe the other party has signed the same contract, while in reality that is not the case. Because of the differences between the two sets of contractual norms, these norms cause conflicts; they are not merely discursive tools. This finding calls for a division between different types of conflicts, which is proposed here for the purpose of socio-legal analysis of conflicts in general and particularly in situations of transnationalism and legal pluralism. |
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Transnationalism, Legal Pluralism and Types of ConflictsContractual Norms Concerning Domestic Workers |
Tijdschrift | Recht der Werkelijkheid, Aflevering 3 2011 |
Auteurs | Antoinette Vlieger |
SamenvattingAuteursinformatie |
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Tijdschrift | Law and Method, 2011 |
Trefwoorden | legal education, legal research skills, legal research methods, Utrecht School of Law |
Auteurs | Ian Curry-Sumner en Marieke van der Schaaf |
SamenvattingAuteursinformatie |
The aim of this article is to present a case study of the development process and its underlying theoretical fundaments of a research skills line in the law degree programme. Broader educational purposes of the article are to give managers and lecturers of law schools suggestions for implementing research skills in their curriculum. Accordingly, the article is aimed at stimulating students’ research skills. This article will discuss the background to the decisions that were made in the Utrecht School of Law, then discuss the ultimate end result, namely the implementation of a new research skills line and the publication of a standard research skills instruction. Furthermore, each section will commence with a brief outline of the theoretical framework, followed by an explanation of how this theory has been practically implemented in the Bachelor of Law in Utrecht. |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 1 2011 |
Trefwoorden | environmental catastrophe, legitimacy, geo-engineering, phenomenology |
Auteurs | Luigi Corrias |
SamenvattingAuteursinformatie |
This paper argues that Somsen’s article, though brave in approach and daring in ideas, suffers from some fundamental flaws. First of all, it remains unclear how Somsen conceptualises the relationship between legitimacy and effectiveness, and what this means for his position towards the argument of a state of exception. Secondly, a plea for regulation by code has serious consequences for the claim to attain justice. Finally, geo-engineering poses some profound difficulties, both because of its consequences and because of its presuppositions. |