The Postmodern Normative Anxiety of Transnational Legal Studies

2021 ◽  
pp. 112-132
Author(s):  
Giulia Claudia Leonelli
Keyword(s):  
Legal Pluralism ◽  
Nation State ◽  
Legal Analysis ◽  
Legal Studies ◽  
Transnational Law ◽  
Normative Discourse ◽  
The Face ◽  
Inner Tension

This chapter seeks to establish whether a normative discourse on law’s legitimacy can be successfully reconstructed in the face of law’s increasing transnationalization. It explores the postmodern normative conundrum of transnational legal studies, highlighting the normative dilemmas of both Transnational Legal Pluralism and Transnational Legal Ordering theory. It then puts forward an alternative framing of “transnational law” and “transnational legal analysis”; this opens up new opportunities for an inquiry into law’s legitimacy through an application of Conflicts Law theory. After an overview of the merits of Conflicts Law, the chapter assesses the limits to its successful application. An inner tension exists between Conflicts Law theory’s modernist foundations and its application to increasingly complex legal and regulatory conflicts in the postmodern landscape. Against this overall backdrop, the chapter advocates a turn back to substantive, purposive forms of normativity and the rematerialization of law beyond the nation-state.

Transnational Law: Theories and Applications

2021 ◽  
pp. 2-30
Author(s):  
Peer Zumbansen
Keyword(s):  
Legal Pluralism ◽  
The State ◽  
First Century ◽  
Nation State ◽  
Cultural Economic ◽  
Wide Audience ◽  
Transnational Law ◽  
Wide Range ◽  
The Future ◽  
Globalized World

This chapter introduces the Oxford Handbook of Transnational Law. Transnational law is at the center of lively discussions ranging from pronouncing the death of law to announcing the renewal of law. With stakes that high, the expectations for this field are potentially overwhelming. It is still unsettled what transnational law is. It was introduced to a wide audience of international lawyers in the 1950s, but is it a “new” legal field, or a particular kind of jurisprudence of “law and globalization,” or a sociolegal approach to law’s transformation in and beyond the state in the twenty-first century, or merely a synonym for legal pluralism, that is, an acknowledgment of the co-existence of law and (social, cultural, economic, religious, and other) norms? Finally, what is transnational law’s relation to the nation-state? While some suggest it marks the “end” of the nation-state, the better arguments suggest it remains closely intertwined with the state’s trials and tribulations. The chapter reviews contributions to these discussions but cannot account for the entire wealth and depth which is transnational law today. Instead, the chapter highlights some of the debates around the facets of transnational law and sketches a number of methodological reflections about the field. The contributing authors to this Handbook offer formidable insights into the complex details of law’s transnationalization in a wide range of key areas of the law and contextualize these developments against the background of the important normative discussions around the future of law in a globalized world.

Law and Development

2021 ◽  
pp. 376-390
Author(s):  
Amanda Perry-Kessaris
Keyword(s):  
Legal Pluralism ◽  
The State ◽  
First Century ◽  
Nation State ◽  
Cultural Economic ◽  
Wide Audience ◽  
Law And Development ◽  
Transnational Law ◽  
Wide Range ◽  
Globalized World

This chapter introduces the Oxford Handbook of Transnational Law. Transnational law is at the center of lively discussions ranging from pronouncing the death of law to announcing the renewal of law. With stakes that high, the expectations for this field are potentially overwhelming. It is still unsettled what transnational law is. It was introduced to a wide audience of international lawyers in the 1950s, but is it a “new” legal field, or a particular kind of jurisprudence of “law and globalization,” or a sociolegal approach to law’s transformation in and beyond the state in the twenty-first century, or merely a synonym for legal pluralism, that is, an acknowledgment of the co-existence of law and (social, cultural, economic, religious, and other) norms? Finally, what is transnational law’s relation to the nation-state? While some suggest it marks the “end” of the nation-state, the better arguments suggest it remains closely intertwined with the state’s trials and tribulations. The chapter reviews contributions to these discussions but cannot account for the entire wealth and depth which is transnational law today. Instead, the chapter highlights some of the debates around the facets of transnational law and sketches a number of methodological reflections about the field. The contributing authors to this Handbook offer formidable insights into the complex details of law’s transnationalization in a wide range of key areas of the law and contextualize these developments against the background of the important normative discussions around the future of law in a globalized world.

scholarly journals Flying with two wings or coming of age of copyrightisation? A historical and socio-legal analysis of copyright and business model developments in the Chinese music industry

2021 ◽  
pp. 205943642199846
Author(s):  
Zhen Troy Chen
Keyword(s):  
Business Models ◽  
Coming Of Age ◽  
Music Industry ◽  
Ecosystem Model ◽  
Global Market ◽  
Copyright Law ◽  
Legal Analysis ◽  
Business Studies ◽  
Legal Studies ◽  
Chinese Music

Following the third copyright law amendment in China, this paper offers a timely contribution to the debates on the shifting policy, governance and industry landscape of the Chinese music industry. This paper conducts a historical and socio-legal analysis of the development of Chinese copyright law with regards to the music industry and argues that the Chinese digital music industry has developed to a stage where three business models collide, namely the cultural adaptation model, the renegade model and the platform ecosystem model. This paper draws on interdisciplinary literature and discourses from legal studies, business studies and cultural studies and provide new evidence of the much neglected autonomous development of Chinese copyright law on top of foreign pressure and the desired reforms to further integrate into the global market economy.

Gender Anxiety

1989 ◽  
Vol 43 (2) ◽  
pp. 152-161
Author(s):  
Christine Downing
Keyword(s):  
Central Issue ◽  
Same Sex ◽  
Men And Women ◽  
Sexual Roles ◽  
The Face ◽  
Inner Tension

Discusses how contemporary times may be characterized by confusions in sexual roles and that such confusions may lead to inner tension, fear, hostility, and isolation. Explores the nuances of modern gender anxiety and how many men and women turn to same-sex bonding in the face of the dilemmas. Concludes that the central issue is the acceptance of one's particularity and finitude and the reality of otherness.

scholarly journals Teoria crítica e direito internacional: uma visão pachukaniana de China Miéville

2018 ◽  
Vol 3 (1) ◽  
pp. 158-174
Author(s):  
Luiz Felipe Brandao Osorio
Keyword(s):  
International Law ◽  
20Th Century ◽  
Rule Of Law ◽  
Early 20Th Century ◽  
Critical Legal Studies ◽  
The Rule Of Law ◽  
Legal Studies ◽  
Legal Relationship ◽  
The Face ◽  
The One

RESUMO:Dentro do emaranhado teórico cunhado como teoria crítica do direito, cabe aqui resgatar a sua vertente mais radical, aquela que vai à recôndita essência do fenômeno jurídico, e que consequente perpassa a face em que suas fraturas ficam mais expostas: a teoria materialista do direito internacional. O britânico China Miéville brinda-nos com uma reflexão original sobre a seara internacionalista, partindo e retomando as pistas legadas por Evguiéni Pachukanis, no início do século XX, para atingir o cume da crítica do direito, pela teoria da forma mercantil, ressaltando o caráter violento, de coerção, presente inerentemente na relação jurídica. É neste mundo, o do império do direito, é que reinam a miséria e o horror cotidianos e banalizados. ABSTRACT:Within the theoretical entanglement coined as critical legal studies, it is needed to address its most radical aspect, that goes inside the hidden essence of the legal phenomenon, and which consequently touches the face in which its fractures are most exposed: the materialist theory of international law. British China Miéville brings us an original reflection on the internationalist scenario, starting with and returning to the trails left by the early 20th century by Evguiéni Pachukanis to reach the summit of the critique of law, by the theory of commodity form, emphasizing the violent side, coercive, inherent in the legal relationship. It is in this world, the one of the rule of law, that daily and banal misery and horror reign

scholarly journals Jorge Basadre, filósofo de la historia

2020 ◽  
pp. 111-116
Author(s):  
Luis Alberto Arista Montoya
Keyword(s):  
Philosophy Of History ◽  
Nation State ◽  
Greek Philosophy ◽  
German Philosophy ◽  
The Face ◽  
Classical Greek Philosophy

ResumenToda la obra historiográfica republicana del intelectual peruano Jorge Basadre Grohmann (1903-1980) se sustenta en una rica filosofía de la historia que parte de su opción por la filosofía clásica griega, así como de la filosofía alemana moderna; sus ensayos socio-históricos son los que mejor interpretan filosóficamente la actualidad peruana, clave para comprender su vigencia y trascendencia intelectual. De cara a la conmemoración del Bicentenario de la Independencia, con el presente estudio iniciamos la exploración de esa veta filosófica que aparece, permanece yfluye en toda su obra.Palabras clave: Identidad, proyecto, posibilidad, promesa, ser, Nación, Estado, peruanidad. AbstractAll the republican historiographic research of the Peruvian intellectual Jorge Basadre Grohmann (1903-1980) is supported by a rich philosophy of history that emerges from his choice for classical Greek philosophy, as well as modern German philosophy; and his socio-historical essays remains as the best way to interpret Peru nowadays: is the key to understand its validity and intellectual transcendence. In the face of the commemoration of the Peruvian Independence Bicentennial, with this study we begin the exploration of that philosophical vein that appears and remains in all his works.Keywords: Identity, project, possibility, promise, being, Nation, State, Peruvian identity.

Regional Disparities

2019 ◽  
pp. 623-629
Author(s):  
Hans-Joachim Bürkner
Keyword(s):  
Initial Phase ◽  
Spatial Dimension ◽  
Regional Disparities ◽  
Regional Level ◽  
Nation State ◽  
Clear Cut ◽  
Border Regions ◽  
The Face ◽  
Transition Research ◽  
Neoliberal Policies

This chapter provides a stocktaking of the conceptualization of the spatial dimension of postcommunist social change. It traces the shifts in academic concepts which sought to grasp the effects of transition on the regional level and the diversification of regional trajectories. It identifies three distinct stages of transition research which represents such shifts. An initial phase of nation state-centred accounts of regional transition was followed by a period which highlighted the diversification of patterns of regional disparities, focusing on regional capitals and border regions, and establishing globalization as an important factor of new core–periphery relations and interregional competition. A final post-transition stage has been described as being dominated by socio-spatial polarization and the increasing vulnerability of regions in the face of neoliberal policies and recurring global economic crises. Formerly clear-cut concepts relating inequality to the legacies of earlier stages of transition have gradually vanished, leaving a theoretical gap.

New Legal Pluralism and Transnational Private Law

2020 ◽  
pp. 18-47
Author(s):  
Vanessa Mak
Keyword(s):  
Western Europe ◽  
Legal Pluralism ◽  
The State ◽  
Nation State ◽  
Private Law ◽  
Main Question ◽  
Private Regulation ◽  
The Creation ◽  
Theoretical Foundations ◽  
The Eu

This chapter makes an analysis of the theoretical foundations of lawmaking in European private law. It shows that they can be traced to transnational and constitutional pluralist theories. The main question is in which respects legal pluralism should replace the monist, state-centred perspective on lawmaking that prevailed in Western Europe since the creation of the Westphalian nation state. It is argued that, even though the state remains the primary locus for lawmaking in private law in the EU, the rise of private regulation and the interaction between courts through judicial dialogues plead in favour of adopting a strong legal pluralist perspective. ‘Strong’ or ‘radical’ legal pluralism, other than monism or ‘ordered’ legal pluralism, holds that norms can co-exist without a formal hierarchy. Both a descriptive and a normative case are put forward in support of adopting this perspective.

scholarly journals Cooperation in the Face of Transboundary Crisis: A Framework for Analysis

2020 ◽  
Vol 3 (3) ◽  
pp. 197-209 ◽  
Author(s):  
Donald Blondin ◽  
Arjen Boin
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Crisis Management ◽  
Research Question ◽  
Cyber Attacks ◽  
Nation State ◽  
The European Union ◽  
Environmental Threats ◽  
The Face ◽  
Crisis Responses

Abstract The nation state is discovering the limits of its crisis management capacities. The Ebola and Zika outbreaks, the financial crisis, the downing of flight MH17 over Ukraine, sinking ships overfilled with refugees, cyber-attacks, urban terrorism and existential environmental threats serve as strong reminders of the complex origins and transboundary dimensions of many contemporary crises and disasters. As these transboundary aspects of modern crises become increasingly manifest, the need for international, collaborative responses appears ever clearer. But that collaboration does not always emerge in time (or at all). Even in the European Union, which has various transboundary crisis management mechanisms in place, the willingness to initiate joint crisis responses varies. This observation prompted our research question: Why do states collaborate in response to some transboundary crises but not others? We bring together the crisis and collective action literatures to formulate a theoretical framework that can help answer this question. This article identifies crucial factors that facilitate a possible pathway toward a joint response.

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