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Humanity's Law$
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Ruti G. Teitel

Print publication date: 2011

Print ISBN-13: 9780195370911

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780195370911.001.0001

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The Ambit of Humanity Law

The Ambit of Humanity Law

An Emerging Transnational Legal Order

Chapter:
Chapter 3 (p.34) The Ambit of Humanity Law
Source:
Humanity's Law
Author(s):

Ruti Teitel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195370911.003.0003

This chapter articulates the book's central claim, concerning a paradigm shift in the rule of law. It discusses the proposed legal framework, and identifies humanity law's roles in global politics and economic concerns. It argues that humanity-centered law constitutes a leading contemporary discourse that involves diverse political actors, both state and nonstate. In addition, the chapter reviews the dimensions that characterize the humanity law regime; its changed subjectivity in the international system, as it moves beyond states to persons and peoples; its applicability beyond instances of conflict; and its guarantee of minimum order. Despite the emergence of this legal regime, many institutional structures are not yet formally changing. Therefore, given institutional rigidity, there are concomitant tensions. The author argues that such tensions make it all the more important to adopt interim principles of interpretation, so that the transition may be managed adeptly. New forms of humanity-based law seek to bridge the gap between prevailing forms of legality and changing sources of legitimacy. The current proliferation of decentered adjudicatory processes and fora is aimed at fairly representing and reconciling diverse and potentially conflicting aims, such as the aims of justice, security, and peace, reflecting their complex role in present-day politics.

Keywords:   humanity, law, fora, political, state, legal, regime

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