Leonelli, Giulia Claudia (2021) The Post-Modern normative anxiety of Transnational Legal Studies. In: Zumbansen, P. (ed.) Oxford Handbook of Transnational Law. Oxford University Press. ISBN 9780197547410. (In Press)
|
Text
28720.pdf - Author's Accepted Manuscript Download (364kB) | Preview |
Abstract
This chapter seeks to establish whether a normative discourse on law’s legitimacy can be successfully reconstructed in the face of law’s increasing transnationalization. It explores the post-modern normative conundrum of transnational legal studies, highlighting the normative dilemmas of both Transnational Legal Pluralism and Transnational Legal Ordering theory. It then puts forward an alternative framing of “transnational law” and “transnational legal analysis”; this opens up new opportunities for an inquiry into law’s legitimacy through an application of Conflicts Law theory. After an overview of the merits of Conflicts Law, the chapter assesses the limits to its successful application. An inner tension exists between Conflicts Law theory’s modernist foundations and its application to increasingly complex legal and regulatory conflicts in the post-modern landscape. Against this overall backdrop, the chapter advocates a turn back to substantive, purposive forms of normativity and the re-materialization of law beyond the nation state.
Metadata
| Item Type: | Book Section |
|---|---|
| Additional Information: | Reproduced by permission of Oxford University Press |
| School: | Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School |
| Depositing User: | Giulia Claudia Leonelli |
| Date Deposited: | 01 Mar 2021 11:27 |
| Last Modified: | 02 Aug 2023 17:53 |
| URI: | https://eprints.bbk.ac.uk/id/eprint/28720 |
Statistics
Additional statistics are available via IRStats2.
Archive Staff Only (login required)
