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2007 - The Law and Society Association Words: 213 words || 
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1. George, Erika. "The Place of the Private Transnational Actor in International Law: From Law Breakers to Law Makers? Multinationals and Human Rights, Understanding Corporate Self-Regulation as Soft Law" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2020-01-27 <http://citation.allacademic.com/meta/p178122_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Globalization, presents a challenge to the conceptual foundation of international law as premised on state action and state responsibility. Powerful non-state actors operate pose significant theoretical and practical difficulties for international law. This paper offers an account of evolving trends in efforts to ensure compliance of multinationals with international human rights norms. Specifically, the paper advances a more expansive vision of the subjects and sources of international law in an effort to conceptualize the conduct of private transnational commercial actors as law making by tracking the trajectory of recent corporate social responsibility initiatives such as the U.N. Global Compact and the U.N. Norms on Business and Human Rights. The paper urges international lawyers to remain open to the possibility that private non-state actors may “make” law where law making is understood to be a process of communication creating authoritative norms for a given community of actors. Finally, the paper posits that the perceived governance gaps and democratic deficits which accompany certain aspects of globalization may be overcome by a critical appreciation for the ways in which non-state actors are engaged in functional law making through the recent proliferation of pledges by private corporate actors to embrace international development priorities and human rights principles when pushed by segments of civil society.

2009 - American Sociological Association Annual Meeting Pages: 31 pages || Words: 11282 words || 
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2. Larson, Erik. "When Law is Not Hegemonic: The Resonance of Law and the Institutionalization of Law and Politics" Paper presented at the annual meeting of the American Sociological Association Annual Meeting, Hilton San Francisco, San Francisco, CA, Aug 08, 2009 Online <PDF>. 2020-01-27 <http://citation.allacademic.com/meta/p308648_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Despite fundamentally different starting points both legal consciousness and classical sociology of law argue law has constitutive powers. Approaching questions about law and the constitution of political communities from a legal consciousness perspective, however, draws attention to the participation and practice of individuals that produces the legal order. Instead of thinking merely of the rule of law (as a top-down process), legal consciousness asks analysts to think of the resonance of law, of how people understand and are oriented toward the applicability and reach of law. I examine how extra-legal actions with stated goals of achieving justice influence orientations toward law. I study Fiji’s recent proposal to establish a reconciliation commission and its December 2006 military coup, both of which were framed as responses to its 2000 coup and both of which by-pass the formal court system, drawing on interviews I conducted with citizens (N=66, selected through a national multi-stage cluster sample). Rather than legal hegemony, the institutionalization of law and politics in Fiji results in a low resonance of law in relation to large-scale political issues. While citizens look to law to serve as a neutral arbiter, this resonance does not extend to assessing coups as events or political elites’ actions. Political institutions, rather than a plural legal order or cultural differences, best account for the low resonance of law for large-scale political issues, since citizens understand their participation in the political realm as alienated from agency, but connected to and dependent upon leaders.

2004 - The Law and Society Association Words: 303 words || 
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3. van der Walt, Andre. "Private Law, Public Law, Civil Law" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois, May 27, 2004 <Not Available>. 2020-01-27 <http://citation.allacademic.com/meta/p116872_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Continental European law in the Roman-Germanic tradition is heavily influenced by the sharp distinction between private law and public law. In this tradition, private law is fundamentally different from and opposed to public law – in fact, public law and especially constitutional law is justified by its restrictive and controlling function in safeguarding the private against intrusion from the public. In this sense, private rights are characteristically defensive, and private ownership of land provides the quintessential metaphor not only for all property rights, but for all private rights, which are portrayed as fences or barriers much in the way that private land is fenced in against unwanted intrusion and external threat. In this Hobbesian picture, private law protects the private against private threats, while public law protects it against state intrusions.
The constitutional protection of private interests undermines this neat division, as it simultaneously safeguards private interests and establishes the constitutional justification for legitimately eroding or even abolishing them. In this process the notion of right as barriers is placed in question, especially in the context of property rights, and a paradoxical notion emerges (as pointed out by Joseph Singer, Gregory Alexander and Robert Gordon) of property that includes defensive elements of privacy and autonomy, but also public elements of propriety, responsibility, duty, and limits.
In my paper I will analyze the notion of civil law as an alternative trope that undermines the oversimplified disjunction of private law vs public law, much as constitutional property undermines the disjunction between ownership and possession or between private property and state action. In the analysis, I will focus on the characteristic of civil law as post-constitutional law which renders the recognition and protective function of private law possible, but then only within the context of a constitutional order that extends beyond the boundaries of the purely private.

2007 - The Law and Society Association Words: 299 words || 
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4. Steiner, Kerstin. "Protecting Human Rights under Religious Laws, National Laws, and International Law: A Case Study of Freedom of Religion in Malaysia" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2020-01-27 <http://citation.allacademic.com/meta/p178210_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The study of human rights and how certain human rights are protected under religious law, national laws and international laws exemplifies the tensions that can arise if different legal systems confront each other.
On the one hand international law is supranational and, arguably, could be considered the dominant legal system with global or universal standards. However, international human rights law is also sometimes called ‘soft’ law as the implementation and application of international human rights laws falls within the responsibility of the state and is therefore often undermined.
The neutrality of international human rights law, that is the assumption that international human rights law is not infused by certain cultural values and notions, has been contested several times - amongst others from an Islamic perspective - arguing that international human rights are, in fact, based on Western concepts of human dignity and that according to the Western tradition the source of human dignity is secular in nature.
This can create inherent tensions for the application of ‘secular’ international human rights in countries where Islamic law (sharî’ah) is applicable as Islam makes no distinction between ‘religion’ and ‘law’.
One country where these tensions between obligations under international human rights law, national laws and religious laws can be observed is Malaysia. Malaysia has tried to absorb Islam within a framework of modern secular state. This uneasy compromise that has been forged in the process can be illustrated through a case study of freedom of religion in the Malaysian legal context. Freedom of religion is constitutionally guaranteed, but in practice this freedom is severely restricted.
The paper will analyse the legal context in which freedom of religion is framed focusing in particular on the tension between the two different legal court systems, state and religious, that are dealing with cases of freedom of religion.

2005 - The Midwest Political Science Association Words: 37 words || 
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5. Warrick, Catherine. "Not So Different After All: The Influence of Islamic Law, Canon Law and Common Law on Women?s Rights in Modern Legal Systems" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 07, 2005 <Not Available>. 2020-01-27 <http://citation.allacademic.com/meta/p86873_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper compares the incorporation of Islamic law into Arab and other legal systems to the incorporation of canon law in the West, particularly with regard to the effect on women?s rights and the prospects for democracy.

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