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Books > Reference & Interdisciplinary > Interdisciplinary studies > Globalization
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Fault Lines of Globalization - Legal Order and the Politics of A-Legality (Hardcover)
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Fault Lines of Globalization - Legal Order and the Politics of A-Legality (Hardcover)
Series: Oxford Constitutional Theory
Expected to ship within 12 - 19 working days
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The question whether and how boundaries might individuate and
thereby be constitutive features of any imaginable legal order has
yet to be addressed in a systematic and comprehensive manner by
legal and political theory. This book seeks to address this
important omission, providing an original contribution to the
debate about law in a global setting. Against the widely endorsed
assumption that we are now moving towards law without boundaries,
it argues that every imaginable legal order, global or otherwise,
is bounded in space, time, membership, and content. The book is
built up around three main insights. Firstly, that legal orders can
best be understood as a form of joint action in which authorities
mediate and uphold who ought to do what, where, and when with a
view to realising the normative point of acting together. Secondly,
that behaviour can call into question the boundaries that determine
who ought to do what, where and when: a-legality. Thirdly, that
this a-legality reveals boundaries as marking a limit and, to a
lesser or greater extent, a fault line of the respective legal
order. Legal boundaries reveal ways of ordering the who, what,
where, and when of behaviour which have been excluded, yet which
remain within the range of practical possibilities accessible to
the collective: limits. However legal boundaries also intimate an
order which exceeds the range of possibilities accessible to that
collective - the fault line of the respective legal order. Careful
analysis of a wide range of legal orders, including nomadism, Roman
law, classical international law, ius gentium, multinationals,
cyberlaw, lex mercatoria, the EU, global regimes of human rights,
and space law validates this thesis. What sense, then, can we make
of the normativity of the law, if there can be no inclusion without
exclusion? Arguing that legal and political theories misunderstand
how legal boundaries do their work of including and excluding, the
book develops a normative theory of legal order which is
alternative to both communitarianism and cosmopolitanism.
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