Toward a New Legal Common Sense: Law, Globalization, and Emancipation

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Cambridge University Press, 2002 - Law - 565 pages
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There are those who believe that modern society's reliance upon law, politics and science to both regulate and emancipate society has reached a crisis point and can no longer provide answers to current social problems. Toward a New Legal Common Sense engages in a series of sociological analyses of law in order to illustrate the need for a profound theoretical reconstruction of the notion of legality based on locality, nationality and globality. In this way the author shows how developments including suprastate organisations such as the European Union and international human rights law can be given their proper place in the sociology of law, and suggests a new set of social structures that might sustain the emancipatory elements that have disappeared from modern society. This new edition, of a title originally published by Routledge (New York), is part of the acclaimed Law in Context Series, whose aim is to develop broad interdisciplinary perspectives on law. Toward a New Legal Common Sense is written for students taking law and globalisation courses, and political science, philosophy and sociology students doing optional subjects.
 

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Contents

Chapter
6
A paradigmatic transition?
7
Chapter 2
21
Legalpolitical modernity and capitalism
39
Unthinking law
61
Conclusion
82
A Map of Misreading 417
85
Chapter 4
99
The Global Reform of Courts
313
intensity globalization
326
Introduction
353
The state and civil society
363
4
369
1
418
56
430
On subaltern cosmopolitanism
458

Dispute prevention and dispute settlement in Pasargada law
112
Chapter 5
163
Paradigmatic and subparadigmatic readings of globalization
172
The social basis of global agency
182
a survey and a research
194
factors
197
International migration
217
hegemony
278
the conditions for cosmopolitan
465
upon the possibility of integrating them in broader political
467
indigenous peoples and traditional authorities
475
Conclusion
494
Index of Names
547
Index of Subjects
555
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