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Jurisprudence in a Globalized World

Edited by Jorge Luis Fabra-Zamora, University of Toronto, Faculty of Law, Canada and Fundacion Universitaria Tecnologico Comfenalco - Cartagena, Colombia
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.
Extent: c 320 pp
Hardback Price: $150.00 Web: $135.00
Publication Date: February 2020
ISBN: 978 1 78897 441 7
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  • eISBN: 978 1 78897 442 4

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  • Law - Academic
  • Comparative Law
  • Legal Philosophy
  • Legal Theory
  • Public International Law
  • Global and Transnational Law
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.
‘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 include: M. Del Mar, P. Eleftheriadis, J.L. Fabra-Zamora, K.W. Gray, M. Grellete, K. Gunther, M. Jovanovic, C. Lafont, H. Lindahl, H. Muir Watt, G. Pavlakos, W. Twining









Contents:

Preface

1. Introduction
Jorge Luis Fabra-Zamora

PART I SETTING THE STAGE
2. Jurisprudence and Globalization
William Twining

PART II METHODOLOGICAL QUESTIONS
3. Legal encounters with alterity in a post-monist mode
Horatia Muir Watt

4. ‘Global/Transnational Law’ Challenges to Theorizing About Law
Miodrag Jovanovic

5. Normative Legal Pluralism
Klaus Gunther

6. Global Historical Jurisprudence: Relating Law and Power in a Global Context
Maksymillian Del Mar

PART III CONCEPTS AND CONCEPTUAL TOOLS
7. The Concept of Legal Order in a Global Setting.
Hans Lindahl
           
8. Reigning in Pluralist Jurisprudence with the Rule of Law
Matthew Grellete

9. Redrawing the Legal Relation
George Pavlakos

PART IV NORMATIVE ISSUES: LEGITIMACY AND DEMOCRACY
10. Cosmopolitan Legitimacy
Pavlos Eleftheriadis
 
11. Global Law without Global Democracy? Human Rights and Human Dignity in a Corporate World
Cristina Lafont
 
12. Neither Democratic nor Constitutional but Legitimate: Fragmentation and the Legitimation of International Law
Kevin W. Gray

Index