The transformative law of political economy in Europe

Beckers, Anna; Eller, Klaas Hendrik; Kjaer, Poul F.

doi:10.1017/elo.2023.13

Cited by 3 publications

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“…However, Myrlinda's research shows strong efforts of the Samin community to preserve their legal traditions. Another one is that of Anna Beckers et al 22 which argues that law enforcement in modern societies is driven by two seemingly contradictory missions: promoting growth and preserving tradition. To some extent, this portrays the same situation as that of Samin in dealing with the requirement to obey the state law and the willingness to pertain to the customary law.…”

Section: Introductionmentioning

confidence: 99%

The Legal Culture of Samin Community of Family Law in Central Java

Nur Wakhidah,

Zulfa Jamalie,

Mujiburohman Abas

et al. 2024

Al-Ihkam J. Huk. dan Pranata Sos

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This article seeks to examine the legal culture of the Samin community in relation to their preferences in family law, the persistence of the customary law in the community, and the transformations that have taken place in Samin family law. The data of this article is derived from an ethnographic study conducted at various Samin villages in Central Java between 2022 and 2023. Information was gathered via in-depth interviews, observation, and document analysis. The study's findings suggest that the government does not officially recognize marriage within the Samin community. However, the Samin family law has undergone a significant transformation. It underwent a substantial change which involved the government officially acknowledging the Samin beliefs. The research findings reveal symptoms of the Samin family law which underwent a transformation from customary law to local fiqh characterized by a mystical style. Efforts are being made to establish formal legal frameworks that accept the belief in God Almighty and incorporate legal practices. The legal negotiations led to the emergence of natural law plurality which in practice, is influenced by politics, social, and culture.

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Section: Introductionmentioning

confidence: 99%

The Legal Culture of Samin Community of Family Law in Central Java

Nur Wakhidah,

Zulfa Jamalie,

Mujiburohman Abas

et al. 2024

Al-Ihkam J. Huk. dan Pranata Sos

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“…Not only does private law involve a microregulation of specific relationships, but the regulation of relationships between private parties has a macroeconomic dimension (Beckers, Eller, and Kjaer 2023) aiming to build and preserve a competitive market. Not just competition law, but also contract law, especially at the European level, is built on ordoliberal 22 and neoliberal ideologies and the resulting idea of implementing market rationality (Bartl 2015), as competition regulation is part of the architecture aimed at allowing the continued accumulation of capital (Buch-Hansen and Wigger 2011).…”

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confidence: 99%

The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law

Fornasari

2024

JLPE

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This article analyzes the impact of climate change litigation on the form of private law, contributing to our understanding of the transformative potential and limits of private law. I argue that climate change litigation breaks the homology between the commodity form and the legal form, to surprisingly antisystemic effect. Developing this argument, I make three distinct contributions. First, I demonstrate that the legal form of climate change litigation is incompatible with the rationale of capital accumulation. Second, I update the commodity form theory of law elaborated by Pašukanis to conceptualize the transformations of European private law systems that have been unfolding for some decades, which I tentatively label "private law for the age of monopoly capitalism" (PLAMC). Third, I contend that climate change litigation departs from the rationale of PLAMC and that in these cases the legal form does not replicate the commodity form. This rare dissociation creates antisystemic potential.

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Please Give Me a Remedy: Women Human Rights Defenders Mobilize for Occupational Safety and Health

Nissen

2024

Journal of Human Rights Practice

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The transformative law of political economy in Europe

Cited by 3 publications

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The Legal Culture of Samin Community of Family Law in Central Java

The Legal Culture of Samin Community of Family Law in Central Java

The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law

Please Give Me a Remedy: Women Human Rights Defenders Mobilize for Occupational Safety and Health

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