Search results for 'Law and globalization' (try it on Scholar)

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  1. Bartosz Wojciechowski, Marek Zirk-Sadowski & Mariusz J. Golecki (eds.) (2009). Between Complexity of Law and Lack of Order: Philosophy of Law in the Era of Globalization. Wydawn. Adam Marszałek.score: 168.0
     
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  2. Bjorn Fasterling (2009). The Managerial Law Firm and the Globalization of Legal Ethics. Journal of Business Ethics 88 (1):21 - 34.score: 156.0
    The processes of economic integration induced by globalization have brought about a certain type of legal practice that challenges the core values of legal ethics. Law firms seeking to represent the interests of internationally active corporate clients must embrace and systematically apply concepts of strategic management and planning and install corporate business structures to sustain competition for lucrative clients. These measures bear a high conflict potential with the core values of legal ethics. However, we observe in parallel a global (...)
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  3. Myongsei Sohn, Jason Sapsin, Elaine Gibson & Gene Matthews (2004). Globalization, Public Health, and International Law. Journal of Law, Medicine and Ethics 32 (s4):87-89.score: 126.0
  4. William E. Scheuerman (1999). Economic Globalization and the Rule of Law. Constellations 6 (1):3-25.score: 120.0
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  5. William E. Scheuerman (2001). Reflexive Law and the Challenges of Globalization. Journal of Political Philosophy 9 (1):81–102.score: 120.0
  6. Kanishka Jayasuriya (2001). Globalization, Sovereignty, and the Rule of Law: From Political to Economic Constitutionalism? Constellations 8 (4):442-460.score: 120.0
  7. Edward J. Schoen, Joseph S. Falchek & Margaret M. Hogan (2005). The Alien Tort Claims Act of 1789: Globalization of Business Requires Globalization of Law and Ethics. [REVIEW] Journal of Business Ethics 62 (1):41 - 56.score: 120.0
  8. Bernard Dickens (2007). Globalization and Health: Challenges for Health Law and Bioethics – by Belinda Bennett & George Tomossy. Developing World Bioethics 7 (3):171–171.score: 120.0
  9. A. Claire Cutler (2001). Globalization, the Rule of Law, and the Modern Law Merchant: Medieval or Late Capitalist Associations? Constellations 8 (4):480-502.score: 120.0
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  10. Alfonso de Julios-Campuzano (2008). Legal Cultures and Globalization Methodological Premises for a Cosmopolitan Law. Archiv Fuer Rechts-Und Sozialphilosphie 94 (4):498-511.score: 120.0
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  11. Michael A. Bouzigard (2011). Making People Illegal: What Globalization Means for Migration and Law by Catherine Dauvergne. [REVIEW] Human Rights Review 12 (4):537-539.score: 120.0
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  12. Compare David M. Engel (2005). Globalization and the Decline of Legal Conscious-Ness: Torts, Ghosts, and Karma in Thailand, 30 Law & Soc. Inquiry 469.score: 120.0
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  13. Yash Ghai (2007). Globalization, Multiculturalism, and Law. In Boaventura de Sousa Santos (ed.), Another Knowledge is Possible: Beyond Northern Epistemologies. Verso. 3--383.score: 120.0
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  14. Sally Engle Merry (2003). From Law and Colonialism to Law and Globalization, 28 LAW & SOC. Inquiry 569.score: 120.0
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  15. L. Tan (2013). Intellectual Property Law and the Globalization of Indigenous Cultural Expressions: Maori Tattoo and the Whitmill Versus Warner Bros. Case. Theory, Culture and Society 30 (3):61-81.score: 120.0
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  16. D. A. Westbrook (2006). The Globalization of American Law. Theory, Culture and Society 23 (2-3):526-528.score: 120.0
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  17. Georgios I. Zekos (2012). Ethics and Law in Globalization and Cyberspace. International Journal of Ethics 8.score: 120.0
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  18. Paresh Kathrani (2009). Globalisation of Law: The Effect of Globalisation on the Domestic Interpretation of Law. Jurisprudence 116 (2):115-129.score: 104.0
    The law consists of both internal and external rules, but in both cases they regulate the behaviour of the subjects towards each other. This can be viewed from a phenomenological perspective in the sense that people have a drive to make sense of their world, and the rules that are developed essentially enable them to relate to the world in this way. If anything interferes with this drive, then it causes peoples’ existential upset. That is why the state both enforces (...)
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  19. Eduardas Monkevicius (2010). Environmental Legal Problems in the Context of Globalization. Jurisprudence 119 (1):197-210.score: 102.0
    The author of the article describes globalization processes as inevitable historic and objective phenomena, the driving force of society’s development and progress. It is emphasized that these processes result in harmful effects of global character on the environment and society. In the opinion of the author, one of the most important negative effects of globalization is the increase in environmental pollution which in turn results in the change of climate, extreme ecological situations, and threats to the natural environment (...)
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  20. Sallie B. King (2006). An Engaged Buddhist Response to John Rawls's "The Law of Peoples". Journal of Religious Ethics 34 (4):637 - 661.score: 96.0
    In "The Law of Peoples", John Rawls proposes a set of principles for international relations, his "Law of Peoples." He calls this Law a "realistic utopia," and invites consideration of this Law from the perspectives of non-Western cultures. This paper considers Rawls's Law from the perspective of Engaged Buddhism, the contemporary form of socially and politically activist Buddhism. We find that Engaged Buddhists would be largely in sympathy with Rawls's proposals. There are differences, however: Rawls builds his view from the (...)
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  21. William L. Twining (2009). General Jurisprudence: Understanding Law From a Global Perspective. Cambridge University Press.score: 96.0
    This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be (...)
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  22. William L. Twining (2000/2001). Globalisation and Legal Theory. Northwestern University Press.score: 86.0
    This work brings together eight linked essays which make the case for a revival of general jurisprudence in response to the challenges of globalisation, explores how far the heritage of Anglo-American jurisprudence and comparative law is adequate to meeting the challenges, and puts forward an agenda for general jurisprudence and comparative law, especially in the English-speaking world in the first ten or twenty years of the millennium. The book is traditional in focussing on the mainstream of Anglo-American intellectual heritage and (...)
     
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  23. Judith Kimerling (2001). Corporate Ethics in the Era of Globalization: The Promise and Peril of International Environmental Standards. [REVIEW] Journal of Agricultural and Environmental Ethics 14 (4):425-455.score: 84.0
    The growing assumption thattransnational corporations (TNCs) will apply``best practice'''' and ``international standards''''in their operations in developing countries hasseldom been checked against close observationof corporate behavior. In this article, Ipresent a case study, based on field research,of one voluntary initiative to useinternational standards and best practice forenvironmental protection in the AmazonRainforest, by a US-based oil company,Occidental Petroleum (Oxy) in Ecuador. The moststriking finding is that the company refuses todisclose the precise standards that apply toits operations. This, and the refusal todisclose other (...)
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  24. Yves Dezalay & Bryant G. Garth (eds.) (2002). Global Prescriptions: The Production, Exportation, and Importation of a New Legal Orthodoxy. University of Michigan Press.score: 84.0
    Global Prescriptions scrutinizes the movement to export a U.S.-oriented version of the " rule of law," found in the activities of philanthropic foundations, the World Bank, the U.S. Agency for International Development, and several other developmental organizations. Yves Dezalay and Bryant G. Garth have brought together a group of scholars from a variety of disciplines--anthropology, economics, history, law, political science, and sociology--to create tools for understanding this movement. Comprised of two sections, the volume first develops theoretical perspectives key to an (...)
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  25. Paul Schiff Berman (2012). Global Legal Pluralism: A Jurisprudence of Law Beyond Border. Cambridge University Press.score: 84.0
    A world of legal conflicts -- The limits of sovereigntist territoriality -- From universalism to cosmopolitanism -- Towards a cosmopolitan pluralist jurisprudence -- Procedural mechanisms, institutional designs, and discursive practices for managing pluralism -- The changing terrain of jurisdiction -- A cosmopolitan pluralist approach to choice of law -- Recognition of judgments and the legal negotiation of difference.
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  26. Margaret Thornton (2014). Hypercompetitiveness or a Balanced Life? Gendered Discourses in the Globalisation of Australian Law Firms. Legal Ethics 17 (2):153-176.score: 84.0
    Although women comprise almost 50 per cent of the practising legal profession in Australia and elsewhere, numerosity is insufficient to overcome the 'otherness' of the feminine in corporate law firms. Despite measures to recognise the ethic of a balanced life for those with caring responsibilities, these initiatives are undermined by the contemporary imperative in favour of competition. This article argues that there is a hypermasculinist sub-text invoked by the media reporting of a flurry of mergers between super-élite London-based global law (...)
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  27. Chi Carmody, Frank J. Garcia & John Linarelli (eds.) (2011). Global Justice and International Economic Law: Opportunities and Prospects. Cambridge University Press.score: 78.0
    This volume reflects the results of a symposium held at Tillar House, the ASIL headquarters in Washington, DC, in November 2008 which brought together philosophers, legal scholars, and economists to discuss the problems of understanding ...
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  28. Fabrizio Megale (forthcoming). Mondialisation Et Traduction Juridique: Nouveaux Parcours de Recherche. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-22.score: 78.0
    So far, legal translation studies have generally been concerned with multilingual legislation, which they have dissected using comparative law methods. The time seems to have come for a differentiated research that recognises various types of legal translation, including the (vast) category of translation by professionals for public authorities and business concerns. This latter category’s context is rapidly changing. Globalization is aggravating the crisis of national legislation. First and foremost, networks of authorities have sprung up alongside international organisations. The texts (...)
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  29. Andrew Crane & Dirk Matten (2005). Questioning the Domain of the Business Ethics Curriculum. Journal of Business Ethics 54 (4):357 - 369.score: 72.0
    This paper reassesses the domain of the business ethics curriculum and, drawing on recent shifts in the business environment, maps out some suggestions for extending the core ground of the discipline. It starts by assessing the key elements of the dominant English- language business ethics textbooks and identifying the domain as reflected by those publications as where the law ends and beyond the legal minimum. Based on this, the paper identifies potential gaps and new areas for the discipline by drawing (...)
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  30. Domènec Melé & Carlos Sánchez-Runde (2013). Cultural Diversity and Universal Ethics in a Global World. Journal of Business Ethics 116 (4):681-687.score: 72.0
    Cultural diversity and globalization bring about a tension between universal ethics and local values and norms. Simultaneously, the current globalization and the existence of an increasingly interconnected world seem to require a common ground to promote dialog, peace, and a more humane world. This article is the introduction to a special issue of the Journal of Business Ethics regarding these problems. We highlight five topics, which intertwine the eight papers of this issue. The first is whether moral diversity (...)
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  31. Vytautas Šlapkauskas (2010). The Inner Tensions of Legal Culture in Consumer Society. Jurisprudence 122 (4):371-385.score: 72.0
    The present article explores the inner tensions of the legal culture in consumer society as a consequence of the interaction between democracy, liberalism and market economy under globalization. The interaction between democracy and modern political thought has given rise to liberal democratic society, moral and religious pluralism, and modern law. The interplay between liberal democracy and the market (“new liberalism”) has generated the idea of “instrumental reason”, whose penetration into many realms of life has transformed the structure of society (...)
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  32. Virginia Held (2011). Morality, Care, and International Law. Ethics and Global Politics 4 (3).score: 66.0
    Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This article reviews the (...)
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  33. Sinkwan Cheng (ed.) (2004). Law, Justice, and Power: Between Reason and Will. Stanford University Press.score: 66.0
    This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates (...)
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  34. Eric Cavallero (2009). Federative Global Democracy. Metaphilosophy 40 (1):42-64.score: 60.0
    Abstract: In this essay a set of principles is defended that yields a determinate allocation of sovereign competences across a global system of territorially nested jurisdictions. All local sovereign competences are constrained by a universal, justiciable human rights regime that also incorporates a conception of cross-border distributive justice and regulates the competence to control immigration for a given territory. Subject to human rights constraints, sovereign competences are allocated according to a conception of global democracy. The proposed allocation scheme can accommodate (...)
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  35. Roland Pierik & Wouter Werner (2005). Cosmopolitism, Global Justice and International Law. The Leiden Journal of International Law 18 (4):679-684.score: 60.0
    Along with the exploding attention to globalization, issues of global justice have become central elements in political philosophy. After decades in which debates were dominated by a state-centric paradigm, current debates in political philosophy also address issues of global inequality, global poverty, and the moral foundations of international law. As recent events have demonstrated, these issues also play an important role in the practice of international law. In fields such as peace and security, economic integration, environmental law, and human (...)
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  36. Hans Küng (2011). Ética mundial y derecho mundial: reflexiones filosóficas. Utopía y Praxis Latinoamericana 16 (52):115-126.score: 60.0
    Las relaciones entre derecho y ética, además de pertenecer a un sistema normativo, están condicionadas por el sentido de convivencia de las acciones humanas. Pero la ética se debe sobreponer a lo meramente normativo y fáctico, pues trata de valorar la vida como la condición de todo valor. Así, consi..
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  37. Gralf-peter Calliess & Moritz Renner (2009). Between Law and Social Norms: The Evolution of Global Governance. Ratio Juris 22 (2):260-280.score: 54.0
    Abstract. It is commonplace that economic globalization poses new challenges to legal theory. But instead of responding to these challenges, legal scholars often get caught up in heated yet purely abstract discussions of positivist and legal pluralist conceptions of the law. Meanwhile, economics-based theories such as "Law and Social Norms" have much less difficulty in analysing the newly arising forms of private and hybrid "governance without government" from a functional perspective. While legal theory has much to learn from these (...)
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  38. Ana Marta González (2003). Ethics in Global Business and in a Plural Society. Journal of Business Ethics 44 (1):23 - 36.score: 54.0
    The contemporary confluence of globalization and ethical pluralism is at the origin of many ethical challenges that confront business nowadays, both in practice and in theory. One of the challenges arising from the development of globalization has to do with respect for cultural diversity. It is often said that the success of economic globalization tends towards social and cultural homogeneity. To the extent that cultural diversity is usually seen as a valuable reality, that global trend seems to (...)
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  39. Lawrence O. Gostin & Allyn L. Taylor (2008). Global Health Law: A Definition and Grand Challenges. Public Health Ethics 1 (1):53-63.score: 54.0
    McDonough Hall, Room 508, 600 New Jersey Ave, NW, Washington, DC 20001, USA; Email: gostin{at}law.georgetown.edu ' + u + '@' + d + ' '//--> Abstract As a consequence of rapid globalization, the need for a coherent system of global health law and governance has never been greater. This article explores the health hazards posed by contemporary globalization on human health and the consequent urgent need for global health law to facilitate effective multilateral cooperation in advancing the health (...)
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  40. Edward Demenchonok (2005). Discourse Ethics and International Law. Dialogue and Universalism 15 (11-12):57-84.score: 54.0
    This essay combines information on the recent ISUD Sixth World Congress Humanity at the Turning Point: Rethinking Nature, Culture, and Freedom and some reflections inspired by presentations and discussions at the congress. It is focused on the presentation of one of the keynote speakers, Karl-Otto Apel, entitled “Discourse Ethics, Democracy, and International Law: Toward a Globalization of Practical Reason”. Apel argued that the transcendental-pragmatic foundation of morality serves as the ultimate basis for the universal conception of law, e.g., of (...)
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  41. Saïd Amir Arjomand (2004). Islam, Political Change and Globalization. Thesis Eleven 76 (1):9-28.score: 54.0
    This article examines the ways in which Islamic civilization has faced the challenges of the modern age and of globalization. The expansion of Islam in world history is itself a global or proto-global process with its own distinctive internal dynamics. The main challenge to modern Islam, coming from the global political culture in the form of constitutionalism and democratization and human rights, has set in motion a civilizational encounter that has significantly altered the politico-religious dynamics of the proto-global, pre-modern (...)
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  42. Thomas Poole (2003). Back to the Future? Unearthing the Theory of Common Law Constitutionalism. Oxford Journal of Legal Studies 23 (3):435-454.score: 54.0
    This article charts the rise of a new, and increasingly influential, theory of public law: common law constitutionalism. The theory can best be seen as a response to a ‘crisis’ within contemporary public law thought produced by an array of different pressures: Thatcherite reformation of the state; the growing prominence (and potential politicization) of judicial review; constitutionalization of the EU; and trends towards globalization. The core of argument underlying the theory is elucidated by means of an analysis of the (...)
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  43. S. Randeria (2007). The State of Globalization: Legal Plurality, Overlapping Sovereignties and Ambiguous Alliances Between Civil Society and the Cunning State in India. Theory, Culture and Society 24 (1):1-33.score: 54.0
    The successful global diffusion of formal democracy has gone hand in hand with the hollowing out of its substance. Ever more realms of domestic public policy are removed from the purview of national legislative deliberation and insulated from popular scrutiny. Rhetoric of accountability has accompanied the increasing unaccountability of international financial and trade organizations, transnational corporations as well as of states and NGOs. The new architecture of global governance characterized by legal plurality and overlapping sovereignties has facilitated a game of (...)
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  44. Mislav Kukoc (2008). Liberal Democracy Vs. Neo-Liberal Globalization. Proceedings of the Xxii World Congress of Philosophy 50:399-406.score: 54.0
    Although the accelerated globalization of recent decades has flourished in tandem with a notable growth of liberal democracy in many states where it was previously absent, it would be hard to say that the prevailed processes of neo-liberal globalization foster development of global democracy and the rule of law. On the contrary, globalization has undercut traditional liberal democracy and created the need for supplementary democratic mechanisms. In fact, neo-liberalism i.e.libertarianism, which has generally prevailed as the authoritative policy (...)
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  45. Diane Penneys Edelman (2010). Making a Case for Legal Writing Instruction... Worldwide. Jurisprudence 119 (1):111-123.score: 54.0
    This article discusses the merits of teaching legal analysis and writing and of developing a legal writing program at a faculty of law, and recommends that law faculties around the world incorporate this subject. Once absent from the American law school curriculum, this subject has become a required subject in all American law schools over the past 25+ years. The article suggests steps for implementing a legal writing course or program, and offers a variety of resources for doing so.
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  46. V. V. Pavlovskiy (2008). Modern Globalization and Antiglobalization. Proceedings of the Xxii World Congress of Philosophy 50:579-584.score: 54.0
    A modern stage of globalization is a historical and logical continuation of “an economical social formation” (K.G. Marx), a civilization (L.G. Morgan). The analysis of this globalization in philosophy and social sciences has an extremely contradictory character which is law-governed in the modern society. Modern globalization has been showing itself as a qualitatively new historical process since 1991. Judging from the positions of the dialectical materialistic theory of history (K.G. Marx, F. Engels, V.I. Lenin and others) it (...)
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  47. Margot E. Salomon & Foreword by Stephen P. Marks (2007). Global Responsibility for Human Rights: World Poverty and the Development of International Law. OUP Oxford.score: 54.0
    World poverty represents a failure of the international community to see half of the global population secure their basic socio-economic rights. Yet international law establishes that cooperation is essential to the realisation of these human rights. In an era of considerable interdependence and marked economic and political advantage, the particular features of contemporary world poverty give rise to pressing questions about the scope, evolution, and application of the international law of human rights, and the attribution of global responsibility. -/- This (...)
     
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  48. Carla C. J. M. Millar, Chong-Ju Choi & Philip Y. K. Cheng (2009). Co-Evolution: Law and Institutions in International Ethics Research. [REVIEW] Journal of Business Ethics 87 (4):455 - 462.score: 52.0
    Despite the importance of the co-evolution approach in various branches of research, such as strategy, organisation theory, complexity, population ecology, technology and innovation (Lewin et al., 1999; March, 1991), co-evolution has been relatively neglected in international business and ethics research (Madhok and Phene, 2001). The purpose of this article is to show how co-evolution theory provides a theoretical framework within which some issues of ethics research are addressed. Our analysis is in the context of the contrasts between business systems (North, (...)
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  49. Max Travers (2010). Understanding Law and Society. Routledge.score: 52.0
    Classical thinkers -- The consensus tradition -- Critical perspectives -- Feminism and law -- The interpretive tradition -- Postmodernism and difference -- Legal pluralism and globalisation.
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