Details
The Plurality Trilemma
A Geometry of Global Legal ThoughtPhilosophy, Public Policy, and Transnational Law
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CHF 100.50 |
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| Verlag: | Palgrave Macmillan |
| Format: | |
| Veröffentl.: | 13.02.2018 |
| ISBN/EAN: | 9783319728568 |
| Sprache: | englisch |
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Beschreibungen
<p>This book provides a comprehensive introduction to global legal thought. It argues that economic globalization and digitalization have induced significant insecurity about the future of human social organization. While traditional international law as a system based on the consent of national states is in the process of rapid adaptation to its new social preconditions, a variety of transnational regulatory levels compete for legal authority. In this process of change, there is more need than ever to guide the theoretical understanding because academic concepts have a crucial influence on the emerging practice of global law. This book highlights which choices are available and argues that global law requires taking a stand in mutually irreconcilable choices.</p>
1. Introduction: Theory, Practice, and Meta-Theory.- 2. Global Legal Thought and Plurality.- 3. Taming Plurality through Formal-Legal Rationality: Habermasian Approaches to Global Law.- 4. Unleashing Conflict: Post-Modern Luhmannian Approaches to Global Law.- 5. Process and Harmonizing Principles: Dworkinian Approaches to Global Law.- 6. The Plurality Trilemma – The Contingent Geometry of Global Legal Thought.- 7. Conclusion: Icarus.
<b>David Roth-Isigkeit </b>is Research Fellow at Normative Orders, Cluster of Excellence at Goethe University Frankfurt/Main, Germany.
This book provides a comprehensive introduction to global legal thought. It argues that economic globalization and digitalization have induced significant insecurity about the future of human social organization. While traditional international law as a system based on the consent of national states is in the process of rapid adaptation to its new social preconditions, a variety of transnational regulatory levels compete for legal authority. In this process of change, there is more need than ever to guide the theoretical understanding because academic concepts have a crucial influence on the emerging practice of global law. This book highlights which choices are available and argues that global law requires taking a stand in mutually irreconcilable choices.
Combines a comprehensive overview of recent developments in global legal thought with an innovative research framework Traces the different approaches to global law back to their roots in social theory Develops a provocative thesis on a meta-level of discourse pointing to the structural contingency and path dependence that global legal thinking owes to social and political theory
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