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In the world as seen through the lens of globalization, speeded up, networked, and restlessly materialist, revisiting 'foundational' questions of legal theory might first appear to be a hopelessly marginal and archaic exercise. Yet, these questions have become more, not less, relevant and pressing in the current context. In our world, as we have come to understand it, images, goods, technology finance, and people are linked in a vast network of trans-border exchange relations, a global market, which (we are told) threatens to destabilize and supercede the sovereign authority of nation-states. This threat (perceived or real) to the nation-state is experienced as profoundly destabilizing, as the nation-state is the paradigmatic form in which law and politics have been imagined in modernity. That this is the case, despite (or perhaps because of) the fact that the form can be traced to a particular 'conception of the state-society relation, born within the parochial history of Western Europe (being) made universal' is perhaps an indication of how little the structure of the global system has changed since colonial times. (Chatterjee, 1993:238) The ostensible challenge to the nation-state posed by globalization has compelled public and scholarly debates in the west to revisit the longstanding (and perhaps irresolvable) questions of the foundations of legal authority. Contemporary efforts to re-imagine sovereignty 'beyond the nation-state' have opened a Pandora's box of questions regarding the very nature of law, the sources of law's legitimacy, and the relationship between legal and political authority. What is less clear, however, is whether these reconsiderations will reflexively incorporate the insights of

Reconceptualizing Law and Politics in the Transnational Constitutional and Legal Pluralist Approaches