Abdul Paliwala

An intellectual journey with William Twining: an interview

In December 2009 we asked William Twining to give an interview for the journal Doxa, Cuadernos de Filosofía del Derecho. We followed the format used with many other legal philosophers interviewed in the last decades (Bobbio, Hart, von Wright, Carrió, Bulygin, Raz, Alexy, MacCormick, Finnis. . .) and covered several aspects of his intellectual biography, as well as central problems within legal theory. We believed then, as we believe now, that an interview with William Twining would be significant for Continental and Latin American legal theorists and jurists, given his contributions to legal theory, intellectual history, legal method, legal education, evidence and globalisation. Twining accepted enthusiastically and answered all the questions in depth (with the exception of the last query, which he answered in a concise but fascinating way), providing valuable insights into several aspects of his life, work and thinking. The result was a revealing interview whose interest goes beyond our initially intended readership, extending to other audiences and contexts as well. In May 2010, Twining went to Alicante to give a lecture on Wigmore’s chart method and the logic of proof in the Legal Argumentation course of the University of Alicante. He discussed the niceties of the chart method with an audience of professors and lawyers from Spain and several Latin American countries.We all had the impression that we were attending amemorable lecture, from which one could take an important lesson: the fundamental assumptions of the method are basically the same, irrespective of whether it is a common law or a civil law system. We are very glad that the interview appears now in English as a separate chapter in this volume. As for the title of this piece, we believe that it may serve as an invitation to an intellectual journey with an outstanding legal scholar.

Law's Ethical, Global and Theoretical Contexts: Essays in Honour of William Twining

1. An intellectual journey with William Twining: an interview Manuel Atienza and Raymundo Gama Part I. Human Rights: 2. Resituating Twinings discovery of Benthams fragment on torture amidst the twenty-first-century CE terror wars Upendra Baxi 3. Human rights and traditional values Christopher McCrudden 4. Southern voices in transitional justice: a critical reflection on human rights and transition Fionnuala Ni Aolain 5. Human rights and Latin American southern voices Oscar Guardiola-Rivera Part II. Globalizations: 6. Towards a socio-legal theory of indignation Boaventura de Sousa Santos 7. Towards a cosmopolitan pluralist theory of constitutionalism Gavin W. Anderson 8. The state and constitutionalism in post-colonial societies in Africa Yash Ghai and Jill Cottrell 9. Comparative law, rights and the environment John McEldowney 10. Homage and heresy from a licensed subversive: theorising paradigm change in transnational economic regulation Jane Kelsey 11. Digital thoughtways: technology, jurisprudence, and global justice Abdul Paliwala Part III. Legal Theory: 12. Twining on Llewellyn and legal realism Frederick Schauer 13. Theorizing as activity: transnational legal theory in context Peer Zumbansen 14. Does global legal pluralism need a concept of law? Roger Cotterrell 15. How to do things with legislation, or, everything depends on the context David Miers 16. How to do things with standards Jeremy Waldron 17. Glimmers of an awakening within analytical jurisprudence Brian Z. Tamanaha Appendix. A bibliography of William Twining Penelope Twining.

Law and Crisis in the Third World@@@State and Law in the Development Process: Problem Solving and Institutional Change in the Third World

List of Boxes - List of Figures and Tables - List of Acronyms - Preface - Introduction - PART 1: THE PROBLEM - The Paradox - State and Law in Third World Poverty and Underdevelopment - PART 2: DEVELOPMENT THEORY AND PRACTICE - Of Theory and Justifications and Their Uses - A Participatory Development-Oriented Research Methodology - Which Grand Theory? - Categories for Generating Middle-Level Propositions Concerning Laws Underbearer Role - Implementing Institutions from Courts to Bureaucracy - PART 3: RESTRUCTURING THE STATE - The Fatal Race: The Rise of the Bureaucratic Bourgeoisie - Transforming the Colonial State: Controlling the Bureaucratic Bourgeoisie - PART 4: TRANSFORMING THE POLITICAL ECONOMY - Of Plans and Markets - Restructuring Foreign Trade - Rethinking the Agricultural Base - Perverse Industrialization - Financial Crisis - Welfare and Development: The Case of Education - Conclusion - References - Index