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The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan
The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan
Ruth Buchanan
This commentary draws out and elaborates upon some of the more challenging aspects of Professor Tully's sophisticated taxonomy of the relationship between modern constitutional forms and constituent powers. Tully's article reveals the historical particularities of these formations, and at the same time encourages the reader to think beyond them, towards the potentially uncategorizable realm of democratic constitutionalism. Yet, how is it possible to use a taxonomy of modern constitutional democracy as a means of understanding what ties in the uncharted territory beyond? This commentary further explores to what extent this paradoxical modern configuration of constituent powers and constitutional forms may …
A Crisis And Its Afterlife: Some Reflections On ‘Scholars In Self-Estrangement’, Ruth Buchanan
A Crisis And Its Afterlife: Some Reflections On ‘Scholars In Self-Estrangement’, Ruth Buchanan
Ruth Buchanan
This essay is an extended reflection on the avenues of influence of a single article, one that is arguably the most cited contribution to scholarship on law and development of the last 40 years. In that article, published in the Wisconsin Law Review in 1974, David Trubek and Marc Galanter confidently identified and cogently parsed a ‘crisis’ in law and development studies in the United States. ‘Scholars in Self-Estrangement: Some Reflections on the Crisis in Law and Development Studies in the United States’ (hereinafter SISE), was undoubtedly a key intervention in the debate over US funding of law reform projects …
Globalization, Resistance To Economic, Ruth Buchanan
Globalization, Resistance To Economic, Ruth Buchanan
Ruth Buchanan
No abstract provided.