Table of Contents

An Annotated Bibliography on Justice and Legal Pluralism in Mindanao Briefing Paper No. 1: Ways for Women to Participate in Peacebuilding (Philippines)

Imelda Deinla , Australian National University (ANU) - Regulatory Institutions Network (RegNet)
Veronica Taylor, Regulatory Institutions Network (RegNet)

The Spotlight's Harsh Glare: Rethinking Publicity and International Order

Allison Carnegie, Columbia University, Yale University
Austin Carson, Princeton University

Law Without the State

Jonathan Crowe, The University of Queensland - T.C. Beirne School of Law

Social Accountability in Cambodia

Marija Babovic, Independent
Danilo Vukovic, University of Belgrade - Faculty of Law

Reconstructing International Law as Common Law

Frederic G. Sourgens, Washburn University - School of Law

Reflections on the International Human Rights Movement in the 21st Century: Only the Answers Change

Malak El-Chichini Poppovic, São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP
Oscar Vilhena Vieira, São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Humankind in Civilization's Extended Order: A Tragedy, The First Part

Bart J. Wilson, Chapman University - Economic Science Institute (ESI), Chapman University, The Dale E. Fowler School of Law


LAW, NORMS & INFORMAL ORDER eJOURNAL

"An Annotated Bibliography on Justice and Legal Pluralism in Mindanao Briefing Paper No. 1: Ways for Women to Participate in Peacebuilding (Philippines)" Free Download
RegNet Research Paper No. 2015/64

IMELDA DEINLA , Australian National University (ANU) - Regulatory Institutions Network (RegNet)
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VERONICA TAYLOR, Regulatory Institutions Network (RegNet)
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Legal pluralism is a lived reality in Mindanao yet there are very few scholarly and practice-oriented works on the subject. The discourse on plural legal orders is a site of contestation among political interests both in Mindanao and within the Philippine state. The interests on ‘alternative’ modes of justice have been driven by both domestic and international initiatives on legal reform and access to justice. There is a need to deepen studies on legal pluralism in Mindanao, including more empirical studies on the functional administration of justice, the roles, backgrounds and motivations of justice providers and users, and the interaction or interdependency among the various normative orders within the local level and between the local and central state justice systems. The provision of effective justice among the people in Mindanao is a crucial task of post-conflict reconstruction that includes careful balancing and management of these complex plural legal systems.

"The Spotlight's Harsh Glare: Rethinking Publicity and International Order" Free Download

ALLISON CARNEGIE, Columbia University, Yale University
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AUSTIN CARSON, Princeton University
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How does the publicity of states’ illicit activities affect the stability of international order? What does this tell us about when enforcers of international rules publicize these states’ violations? In contrast to the conventional wisdom that transparency strengthens the normative-legal order, this paper argues that transparency often undermines it. We develop two mechanisms through which this occurs: by raising the known rate of non-compliance, and by sharpening the threat to others posed by deviance. These considerations lead enforcers of international rules to selectively publicize transgressions. Focusing on the nuclear non-proliferation domain, we demonstrate that these concerns factored heavily into American decisions to reveal or obfuscate other states’ efforts to obtain nuclear weapons. We formalize this argument and then empirically test the model’s predictions using in-depth case study analyses. We find that the U.S. failed to disclose infractions precisely when this publicity would have undermined the rules through the two mechanisms we identify.

"Law Without the State" Free Download
Policy, Vol. 30, No. 2, pp. 7-11, 2014

JONATHAN CROWE, The University of Queensland - T.C. Beirne School of Law
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Could there be law without the state? This strikes many people as a strange question. Law is so closely associated today with the edicts of government authorities that it is hard to disentangle the two ideas. This article begins by exploring the conception of law that underpins this mindset. It offers an alternative understanding of law that makes it possible to conceive of a legal order without state authority. The article then asks what legal institutions might look like in the absence of the state and discusses some challenges to law in a stateless society. I argue that it is at least plausible to think that stable sources of legal order could be maintained in a stateless environment. This conception of law without the state provides a useful framework for thinking critically about the limitations of current state-centred legal institutions.

"Social Accountability in Cambodia" Free Download
Lse Jrsp Paper 19

MARIJA BABOVIC, Independent
DANILO VUKOVIC, University of Belgrade - Faculty of Law
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Empirical analysis of social accountability in Cambodia and its role in establishing good governance and the rule of law.

"Reconstructing International Law as Common Law" Free Download
George Washington International Law Review, Vol. 47, No. 1, 2015 (Forthcoming)

FREDERIC G. SOURGENS, Washburn University - School of Law
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This Article demonstrates that the predominant critique of international law as useless to assess international behavior overreaches. Threatening the integrity of international law, proponents of this critique, which includes leading international law scholars, conclude that “international law? masks an international politics. This politics operates by means of the technical idiom of competing self-contained treaty regimes addressing the various areas of international legal regulation. This Article demonstrates that this critique of international law is internally inconsistent. It explains that the critique’s juxtaposition of international politics with international law is inconsistent with the postmodern practice of deconstruction upon which their critique relies, meaning that the premise of the critique cannot be defended on its own terms. The Article next recalibrates the critique. It shows that rather than proving that international law is invalid, the critique actually demonstrates that international law functions like a common law. This means that international law follows an inductive rule-establishment process. An inductive process establishes norms on the basis of factual regularity. This Article will show that good faith drives this inductive rule establishment in international law. Good faith coordinates and translates how international law takes account of a wide variety of facts for purposes of establishing a rule and for assessing the violation of a rule. It does so by placing these facts in the context of what emerges as the core goal of international law: the protection of the legitimate differences in interest, experience, and perspective of the subjects international law intends to govern.

"Reflections on the International Human Rights Movement in the 21st Century: Only the Answers Change" Free Download
SUR - International Journal On Human Rights, v. 11, n. 20, Jun./Dec. 2014

MALAK EL-CHICHINI POPPOVIC, São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP
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OSCAR VILHENA VIEIRA, São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP
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In this article, the two authors answer questions put to them by the editors of this issue of Sur Journal. On the representativity of human rights NGOs, the authors argue that the organizations’ legitimacy springs not from their majority support but from the integrity of their approach. With regard to new ways of improving NGOs’ current performance with a view to better long-term impacts, the authors suggest that the prospects for enhancing respect for human rights will improve only if there is greater diversity both among the organizations themselves and their action strategies in particular. As for the language of human rights, the authors believe in its current transformative potential, arguing that human rights have made, and continue to make, a substantial contribution in terms of discourse and practice. With regard to new forms of technology, the authors consider that the challenge faced by the organizations is to try to understand what their new role is. Finally, they analyze North-South interaction on the international stage, arguing that the Global South increasingly questions the perception that only the organizations of the North are truly international, while those in the South remain focused on the local agenda.

"Humankind in Civilization's Extended Order: A Tragedy, The First Part" Free Download

BART J. WILSON, Chapman University - Economic Science Institute (ESI), Chapman University, The Dale E. Fowler School of Law
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This is a short, scientific story of the labyrinthian human career, of humankind's place in the natural order of the world, and of the evolution of moral rules and rule-following that make the extended order of civilization possible. It is a story of us and some necessary but not sufficient conditions for prosperity.

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About this eJournal

This eJournal distributes working and accepted paper abstracts concerning the interaction of formal and informal order. Topics include social and group norms, conventions, customs, customary law, folk law, legal pluralism, private organizational rules, civil society, self-enforcing contracts, informal sanctions (such as gossip, shame, and guilt), self-help (including feuds), and the origins of law and legal institutions.

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Advisory Board

Law, Norms & Informal Order eJournal

LISA E. BERNSTEIN
Wilson-Dickinson Professor of Law, University of Chicago Law School

JOHN BRADFORD BRAITHWAITE
Australian Research Council Federation Fellow, Australian National University - Regulatory Institutions Network (RegNet), Research School of Social Sciences, Australian National University (ANU) - Regulatory Institutions Network (RegNet)

ROBERT C. ELLICKSON
Walter E. Meyer Professor of Property and Urban Law, Yale Law School

SALLY ENGLE MERRY
Marion Butler McLean Professor in the History of Ideas, Wellesley College - Department of Anthropology

DAN M. KAHAN
Elizabeth K. Dollard Professor of Law & Professor of Psychology, Yale University - Law School, Harvard University - Edmond J. Safra Center for Ethics

PAUL G. MAHONEY
Dean, University of Virginia School of Law

PHILIP N. PETTIT
L.S. Rockefeller University Professor of Politics and Human Values, Princeton University - Department of Politics

ERIC A. POSNER
Kirkland and Ellis Professor of Law, University of Chicago - Law School

ERIC BENNETT RASMUSEN
Dan and Catherine M. Dalton Professor, Indiana University - Kelley School of Business - Department of Business Economics & Public Policy

CHRIS WILLIAM SANCHIRICO
Samuel A. Blank Professor of Law, Business, and Public Policy, University of Pennsylvania Law School, University of Pennsylvania Wharton School - Business Economics and Public Policy Department

STEVEN SHAVELL
Director, John M. Olin Center for Law, Economics, and Business, Samuel R. Rosenthal Professor of Law and Economics, Harvard Law School, National Bureau of Economic Research (NBER)

THOMAS S. ULEN
Swanlund Chair, Director, Illinois Program in Law and Economics, University of Illinois College of Law

JAMES Q. WHITMAN
Ford Foundation Professor of Comparative and Foreign Law, Yale Law School