Theorising the Global Legal Order
The academic literature within law and elsewhere is replete with works addressing various aspects of globalization, and, within this literature, various theoretical perspectives have been presented. Nevertheless, there is a widely recognized lack of theoretical underpinning for the development of law and globalization. Part of the explanation for this state of affairs is that academic lawyers have tended to borrow from other disciplines rather than work through the consequences for a distinctively legal approach. Another contributory factor is that the explosion of new types of legal phenomena in the global arena has multiplied the issues to address faster than any developing theory can keep up with them. The rationale for this collection of essays is that it brings together a number of disparate and often inchoate concerns about theorizing law in the global context: concerns that may focus on constitutional frameworks or on cultural forces that may be inspired by traditional insights or the transformative power of extra-legal impulses. In other words, it provides a venue for debate, engagement, and the exploration of ideas, which will broaden an understanding of the issues and provide openings for further work in what is a critical area of legal research and scholarship.
Publication Date: 10/6/2009