Open AccessTheGlobal Turnin Legal Theory
Author(s) -
Mikhaïl Xifaras
Publication year - 2016
Publication title -
canadian journal of law and jurisprudence
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.167
H-Index - 18
eISSN - 2056-4260
pISSN - 0841-8209
DOI - 10.1017/cjlj.2016.8
Subject(s) - perspectivism , epistemology , positivism , legal positivism , legal culture , legal realism , sociology , international law , perspective (graphical) , political science , law , legal research , philosophy , artificial intelligence , computer science
Familiar legal theories are epistemologically and politically stato-centric theories; they aim to rationalize intra- and inter-national legal systems. If this Westphalian approach were abandoned, then its replacement might be called Global Law, which invites theorizing that is not stato-centric. When that change happens, one would talk about a Global Turn in legal theory. Describing this turn is the aim of the present paper. To this end I am going to present two ideas and three intuitions—not to mention a couple of ambiguities.The two ideas concern the history and the geography of Global Law. The three intuitions are about the fate of legal theory itself in this new emerging context. What follows is neither a substantial or positivistic analysis, nor a prediction or a wish. I point out tendencies, things that are happening more and more
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