Advanced Introduction to Law and Globalisation


Advanced Introduction to Law and Globalisation

9781788116466 Edward Elgar Publishing
Jaakko Husa, Professor in Law and Globalisation, Faculty of Law, University of Helsinki, Finland
Publication Date: 2018 ISBN: 978 1 78811 646 6 Extent: 192 pp
This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.

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Critical Acclaim
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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.

This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.

Key features include:

• Comprehensive treatment of main themes and approaches in law and globalisation discussions

• Provides a theoretical basis for evaluating legal globalisation

• Includes contemporary developments

• Examples from many jurisdictions offer a genuinely global perspective.

An ideal concise companion for students and scholars alike, this book sets out an alternative view to law and globalisation that will interest anyone concerned with the future of legal globalisation.
Critical Acclaim
‘All in all, this analytically refined, thought-provoking and well-timed book is a most welcome addition to the literature on comparative law, global law, international law and transnational law, which is struggling to grapple with the fluid realities of a rapidly changing world order.’
– Roda Mushkat, Hong Kong Law Journal

‘. . . The book takes its reader into the forefront of the academic debates on the topic.’
– Antti Salonen, Lakimies

‘Husa’s Advanced Introduction to Law and Globalisation is a must-read for all scholars working on international and comparative law, and a valuable resource for upper level undergraduate and postgraduate teaching.’
Vito Breda, The Modern Law Review

‘This is a must-have first book for anyone interested in global/transnational law, law and globalisation or legal globalisation, all complex concepts so fascinatingly expounded by the book. One great advantage of this book is that it concisely and comprehensively analyses the pluralist phenomenon of law and globalisation and provides a coherent theoretical/conceptual web connecting major interdependent, interrelated disciplines, theories, methodologies, and dimensions utilised in existing studies of the above phenomenon. The book takes a laudable fresh approach embracing not only the orthodoxies but also a novel and forward-looking perspective fitting for new powers such as China.’
– Qiao Liu, The University of Queensland, Australia

‘The field of law and globalisation is increasingly important, but also increasingly difficult to navigate, because it encompasses an expanding range of concepts, perspectives, and phenomena — global law, global governance, transnational law, comparative law, legal pluralism, universalism, and so on — that scholars rarely take the time to distinguish or define. Professor Husa has done students and scholars alike a great service by writing a fair-minded and broad-ranging introduction to the subject that cuts through this thicket in clear and concise fashion.’
– David S. Law, Washington University in St. Louis, US and The University of Hong Kong

‘This timely book provides a perfect introduction to the multifaceted and ambivalent discussion about law and globalisation. Written by an authority in the field, this book is not only a concise and highly readable introduction for newcomers to the field, but also provides a well-informed and innovative critique of the foundations and consequences of globalisation of law. Highly recommended!’
– Jan Smits, Maastricht University, the Netherlands

‘Professor Husa’s advanced introduction to globalisation and law is a timely and much needed work that examines the topic, not in some textbook defined way, but in terms of the tensions and debates that this complex and controversial subject generates. The author begins by showing that historically law has always had a global dimension (ius gentium, ius commune, ius naturale, colonialization, human rights etc) and he goes on to consider the difficulties that globalisation presents to comparative lawyers. Professor Husa guides the reader effortlessly through these difficulties and advances his own important argument that comparative law will have to move away from its traditional nation state bound view of law. He pursues this argument in examining the more precise aspects of the global debate – neoliberalism, constitutionalism, human rights, lex mercatoria and judicial internationalisation – before posing this question. What kind of theoretical and methodological base is required when thinking about law in a global context? Traditional theory and methods are tested within the globalisation paradigm and the author concludes by stressing the importance of legal pluralism within a culturally diverse world. How should all of this impact on legal education and in turn on legal language? What Professor Husa provides is a very informative and clear analysis – introductory but equally profoundly wide-ranging in its research base – of these two issues. Legal globalisation? Here in this book are all the arguments, debates, tensions and of course some answers.’
– Geoffrey Samuel, Kent Law School, UK

Contents: Preface PART I FOUNDATIONS 1. Defining law and globalisation 2. Globalisations in time PART II LEGAL GLOBALISATIONS 3. Comparative law and global law 4. Globalising legalities PART III THEORY AND METHODOLOGY 5. Theorising globally 6. Methodological views PART IV EDUCATION AND LANGUAGE 7. Educating lawyers 8. Language of law and legal globalisation 9. Conclusion Index

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