Jurisprudence in a Globalized World

Edited by Jorge Luis Fabra-Zamora, Associate Professor, University at Buffalo School of Law, State University of New York, US

'Erudite, careful and wide-ranging, the essays in Jurisprudence in a Globalized World refresh and extend the repertoires of globalized legal thought. Spurred on by the extraordinary generosity of William Twining's jurisprudence, the urgency of this book is shaped by a desire to find new methods and arguments adequate to the task of establishing legitimate forms of global ordering - not as a political and juridical apology but as mode of enquiry and experimentation. As a result, many components of the established scholarly domains of legal theory and comparative and private international law have been transformed. Collectively this book marks a major contribution to the tradition, time, and place of jurisprudence.'--Shaun McVeigh, The University of Melbourne, Australia'The globalization of law remains the biggest challenge for jurisprudence - our notion and understanding of law, law's unity, interactions between legal orders, global justice, and so on. Jorge Luis Fabra-Zamora has assembled a fabulous set of leading scholars from around the world to address these challenges. The result is a treasure box, which has something to offer for everyone interested in global jurisprudence. A delight!'--Ralf Michaels, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany

• Contents:Preface viii1 Introduction 1Jorge Luis Fabra-ZamoraPART I SETTING THE SCENE2 Jurisprudence and globalisation 14William TwiningPART II METHODOLOGICAL QUESTIONS3 Legal encounters with alterity in post-monist mode 26Horatia Muir Watt4 “Global/transnational law” challenges to theorizing about law 54Miodrag Jovanović5 Normative legal pluralism: a critique 84Klaus Günther6 Global historical jurisprudence: relating law and powerin a global context 100Maksymilian Del MarPART III CONCEPTS AND CONCEPTUAL TOOLS7 Globalisation and the concept of legal order 128Hans Lindahl8 Reining in pluralist jurisprudence with the rule of law 155Matthew Grellette9 Redrawing the legal relation 174George PavlakosPART IV NORMATIVE ISSUES: LEGITIMACY ANDDEMOCRACY10 Cosmopolitan legitimacy 196Pavlos Eleftheriadis11 Global constitutionalism without global democracy?Human rights and human dignity in a corporate world 222Cristina Lafont12 Neither democratic nor constitutional but legitimate:fragmentation and the legitimation of international law 247Kevin W. GrayIndex 268