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Jurisprudence in a Globalized World
Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
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Critical Acclaim
Contributors
Contents
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In this unique book, leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. Traditionally the central debates surrounding jurisprudence and legal theory are concerned with the elucidation of the particularities of state-law. This innovative book considers that this orthodox picture may no longer be tenable, given the increasing standardization of technologies, systems and information worldwide.
Split across four thematic parts, this timely book provides a broad overview of the topic, followed by in depth analyses investigating the modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders. Chapters cover legal encounters with alterity in a post-monist mode, normative legal pluralism, relating law and power in a historical global context, cosmopolitan legitimacy and human rights and dignity in a corporate world.
Jurisprudence in a Globalized World will be a key resource for students and scholars working in global transnational law, public international law and legal theory and philosophy.
Split across four thematic parts, this timely book provides a broad overview of the topic, followed by in depth analyses investigating the modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders. Chapters cover legal encounters with alterity in a post-monist mode, normative legal pluralism, relating law and power in a historical global context, cosmopolitan legitimacy and human rights and dignity in a corporate world.
Jurisprudence in a Globalized World will be a key resource for students and scholars working in global transnational law, public international law and legal theory and philosophy.
Critical Acclaim
‘Erudite, careful and wide-ranging, the essays in Jurisprudence in a Globalized World refresh and extend the repertoires of globalized legal thought. Spurred on by the extraordinary generosity of William Twining’s jurisprudence, the urgency of this book is shaped by a desire to find new methods and arguments adequate to the task of establishing legitimate forms of global ordering – not as a political and juridical apology but as mode of enquiry and experimentation. As a result, many components of the established scholarly domains of legal theory and comparative and private international law have been transformed. Collectively this book marks a major contribution to the tradition, time, and place of jurisprudence.’
– Shaun McVeigh, The University of Melbourne, Australia
‘The globalization of law remains the biggest challenge for jurisprudence – our notion and understanding of law, law’s unity, interactions between legal orders, global justice, and so on. Jorge Luis Fabra-Zamora has assembled a fabulous set of leading scholars from around the world to address these challenges. The result is a treasure box, which has something to offer for everyone interested in global jurisprudence. A delight!’
– Ralf Michaels, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany
– Shaun McVeigh, The University of Melbourne, Australia
‘The globalization of law remains the biggest challenge for jurisprudence – our notion and understanding of law, law’s unity, interactions between legal orders, global justice, and so on. Jorge Luis Fabra-Zamora has assembled a fabulous set of leading scholars from around the world to address these challenges. The result is a treasure box, which has something to offer for everyone interested in global jurisprudence. A delight!’
– Ralf Michaels, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany
Contributors
Contributors: M. Del Mar, P. Eleftheriadis, J.L. Fabra-Zamora, K.W. Gray, M. Grellete, K. Günther, M. Jovanović, C. Lafont, H. Lindahl, H. Muir Watt, G. Pavlakos, W. Twining
Contents
Contents:
Preface viii
1 Introduction 1
Jorge Luis Fabra-Zamora
PART I SETTING THE SCENE
2 Jurisprudence and globalisation 14
William Twining
PART II METHODOLOGICAL QUESTIONS
3 Legal encounters with alterity in post-monist mode 26
Horatia Muir Watt
4 “Global/transnational law” challenges to theorizing about law 54
Miodrag Jovanović
5 Normative legal pluralism: a critique 84
Klaus Günther
6 Global historical jurisprudence: relating law and power
in a global context 100
Maksymilian Del Mar
PART III CONCEPTS AND CONCEPTUAL TOOLS
7 Globalisation and the concept of legal order 128
Hans Lindahl
8 Reining in pluralist jurisprudence with the rule of law 155
Matthew Grellette
9 Redrawing the legal relation 174
George Pavlakos
PART IV NORMATIVE ISSUES: LEGITIMACY AND
DEMOCRACY
10 Cosmopolitan legitimacy 196
Pavlos Eleftheriadis
11 Global constitutionalism without global democracy?
Human rights and human dignity in a corporate world 222
Cristina Lafont
12 Neither democratic nor constitutional but legitimate:
fragmentation and the legitimation of international law 247
Kevin W. Gray
Index 268
Preface viii
1 Introduction 1
Jorge Luis Fabra-Zamora
PART I SETTING THE SCENE
2 Jurisprudence and globalisation 14
William Twining
PART II METHODOLOGICAL QUESTIONS
3 Legal encounters with alterity in post-monist mode 26
Horatia Muir Watt
4 “Global/transnational law” challenges to theorizing about law 54
Miodrag Jovanović
5 Normative legal pluralism: a critique 84
Klaus Günther
6 Global historical jurisprudence: relating law and power
in a global context 100
Maksymilian Del Mar
PART III CONCEPTS AND CONCEPTUAL TOOLS
7 Globalisation and the concept of legal order 128
Hans Lindahl
8 Reining in pluralist jurisprudence with the rule of law 155
Matthew Grellette
9 Redrawing the legal relation 174
George Pavlakos
PART IV NORMATIVE ISSUES: LEGITIMACY AND
DEMOCRACY
10 Cosmopolitan legitimacy 196
Pavlos Eleftheriadis
11 Global constitutionalism without global democracy?
Human rights and human dignity in a corporate world 222
Cristina Lafont
12 Neither democratic nor constitutional but legitimate:
fragmentation and the legitimation of international law 247
Kevin W. Gray
Index 268
