International legal scholarship has increasingly turned to various traditions of sociology and social thought to challenge the constraints of orthodox international legal thinking, and to develop new kinds of thinking, more suitable for the rapidly transforming social and political landscape in which contemporary international lawyering is done. This Research Handbook seeks to showcase this work, marking the present fertile period of creative borrowing between the disciplines of international law and sociology with a collection of works at its cutting edge. Each contributor to the Research Handbook situates their intervention within a particular tradition of sociological or social theoretical thinking, and then explains how and why this tradition is useful in thinking about some contemporary development, or problem, within the domain of international law and governance. This introductory chapter seeks to clear the ground for the contributions which follow, by outlining a map of some major theoretical conversations within sociology. It identifies three core approaches which are most commonly identified in sociological literature, and briefly reflects on a number of early engagements between international law and sociology (mainly the writings of Max Huber and Julius Stone). It then argues that more recent engagements between international law and social thought stem in significant part from attempts to understand the nature, dynamics, and stakes of globalization as it relates to law, and reflect the main arena in which the significance of post-structural social theory for international law continues to be negotiated and defined.
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Harald Wydra and Bjørn Thomassen
Edited by Sherman Folland and Eric Nauenberg
In this editorial introduction, the editor reflects on the general nature of the concept of social justice, using the position of minority ethnic groups as a case example (to be developed in a later chapter). The rationale for the book is outlined: to retrieve social justice as a concept owned by the political left (and not a term which can be used from a variety of political standpoints), to understand how the concept might be understood in a number of national contexts, and to illuminate how the concept of social justice informs practice in a number of welfare contexts. Furthermore, because most of the debates in the book are set within a liberal ‘Western’ paradigm, the chapter begins a discussion about how the concept of social justice might be understood in other religious and national settings.
If we want to address landscape democracy, we need an awareness of the different frames for understanding democratic legitimacy as developed and discussed in political theory. This chapter is about the place of civil society in different contemporary approaches to democracy and the consequences this creates for democratic planning. After presenting four ideal typical approaches to democracy – the liberal, participatory, deliberative and radical – the place of civil society in a generic planning process is discussed. The claim is made that although planning processes that follow a liberal democratic framework may qualify as democratic at a theoretical level, the understanding of a landscape as ‘an area, as perceived by people’ implies a necessity to include elements of participatory, deliberative and possibly radical democracy to gain democratic legitimacy. The chapter concludes by pointing to possible measures public planners may take to enhance democratic planning.