Reflexive sociology of international law: Pierre Bourdieu and the globalization of law

Author(s):  
Mikael Rask Madsen
2015 ◽  
Vol 2 (2) ◽  
pp. 28-32
Author(s):  
O M Mescheryakova

Article seeks to substantiate the philosophical and legal approach to the analysis of the phenomenon of the globalization law. In the present article author researches questions of globalization impact on the international law. Author notes that today it is possible to talk about the new phase of globalization. In the article author also reveals the essence of processes that determine development of international law in the century of globalization, Along with the formation of a new branch of law - integration law, which is a kind of legal mechanism to govern global public relations, development of modern public law is determined by the changing of nature of production and international specialization.


Author(s):  
Salvatore Caserta

Abstract The article unpacks the notion of western centrism in contemporary international law by developing a framework to capture its varied patterns. It argues that western centrism can have three different manifestations – systemic, evaluative, and professional – depending on whether it refers to the rationality, the narratives, or the actors at play in the international legal field. The article then discusses three theoretical approaches that can help scholars dealing with western centrism in international (legal) scholarship. These are: (i) the critical readings of those scholars that explain international law through the lens of power and domination; (ii) the Stanford school of sociological institutionalism, which explains international institutions and norms through the role of culture and global scripts; and (iii) post-Bourdieusian reflexive sociology, which analyses the roles of transnational legal elites in colonial and post-colonial settings. Finally, the article reconstructs the experience of the Caribbean Court of Justice in the light of western centrism, demonstrating that, different from what is often argued in the literature, the Court is not a failed replica of the Court of Justice of the EU, but an institution in its own right, with its own approach to international law, its own successes and failures.


2019 ◽  
Vol 27 (1) ◽  
pp. 25-49
Author(s):  
Godwin E. K. Dzah

This article is an Africological critique of the emergence of the right to environment and the universality of rights generally. The article draws on Third World approaches to international law, postcolonial legal theory and Bourdieu's reflexive sociology to illuminate this Africological inquiry into the emergence of the right to environment within international law.


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