Book contents
- Toward a New Legal Common Sense
- The Law in Context Series
- Toward a New Legal Common Sense
- Copyright page
- Dedication
- Contents
- Preface to the Third Edition
- Preface to the Second Edition
- Acknowledgements
- 1 The Tension between Regulation and Emancipation in Western Modernity and Its Demise
- 2 Toward an Oppositional Postmodern Understanding of Law
- 3 Legal Plurality and the Time-Spaces of Law: The Local, the National, and the Global
- 4 The Law of the Oppressed: The Construction and Reproduction of Legality in Pasargada
- 5 Globalization, Nation-States, and the Legal Field: From Legal Diaspora to Legal Ecumenism?
- 6 Law and Democracy: The Global Reform of Courts
- 7 On Modes of Production of Social Law and Social Power
- 8 Law: A Map of Misreading
- 9 Can Law Be Emancipatory?
- Postface as Disquietude
- Bibliography
- Index of Names
- Index of Subjects
5 - Globalization, Nation-States, and the Legal Field: From Legal Diaspora to Legal Ecumenism?
Published online by Cambridge University Press: 08 October 2020
- Toward a New Legal Common Sense
- The Law in Context Series
- Toward a New Legal Common Sense
- Copyright page
- Dedication
- Contents
- Preface to the Third Edition
- Preface to the Second Edition
- Acknowledgements
- 1 The Tension between Regulation and Emancipation in Western Modernity and Its Demise
- 2 Toward an Oppositional Postmodern Understanding of Law
- 3 Legal Plurality and the Time-Spaces of Law: The Local, the National, and the Global
- 4 The Law of the Oppressed: The Construction and Reproduction of Legality in Pasargada
- 5 Globalization, Nation-States, and the Legal Field: From Legal Diaspora to Legal Ecumenism?
- 6 Law and Democracy: The Global Reform of Courts
- 7 On Modes of Production of Social Law and Social Power
- 8 Law: A Map of Misreading
- 9 Can Law Be Emancipatory?
- Postface as Disquietude
- Bibliography
- Index of Names
- Index of Subjects
Summary
In Chapter Five, I broaden the legal landscape by means of a global scale - the globalization of law. As I understand it, however, the globalization of law includes the translocal networks of local laws as well as the complex interaction between the national state and its law, on the one hand, and the imperatives of globalization, on the other. I set out to offer an analytical framework and a research agenda for understanding the changes of law in the context of globalization. Given the broadness of the agenda and the need to develop an overarching theoretical framework, I only mapped the central issues and did not seek to offer a detailed analysis of each of them. I also swerve from conventional conceptions, in the case in point, the conventional conceptions of globalization. I submit that there is not one kind of globalization alone, but rather two, and I draw a crucial distinction between hegemonic globalization and counter-hegemonic globalization.
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- Toward a New Legal Common SenseLaw, Globalization, and Emancipation, pp. 196 - 369Publisher: Cambridge University PressPrint publication year: 2020