Globalisation and the Western Legal Tradition: Recurring Patterns Of Law And Authority (Law in Context)
Cambridge University Press, 2/7/2008
EAN 9780521688499, ISBN10: 0521688493
Paperback, 376 pages, 24.7 x 17.4 x 2.2 cm
Language: English
What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.
Preface
1. Introduction
Part I. Towards a Globalist Jurisprudence
2. Globalisation and the world revolution
3. Law and authority in space and time
Part II. A Holy Roman Empire
4. The original European community
5. Universal law and the Papal Revolution
Part III. State Formation and Reformation
6. Territorial law and the rise of the state
7. The reformation of state authority
Part IV. A Wholly Mammon Empire?
8. The constricted universalism of the nation-state
9. The incomplete authority of the nation-state
10. The return of universalist law
human rights and free trade
Part V. Competing Jurisdictions
Case Studies
11. The twenty-first century European community
12. International commercial law and private governance
13. Conclusion.
'Intellectually this is a clear, strongly argued and defensible thesis and is therefore a worthy addition to the Cambridge University Press stable. Beyond that, it is more than just another academic tomb. Liberal references throughout to art, philosophy, religion and of course, history as well as recent popular culture, such as The Simpsons, also make it an interesting read beyond the narrow band of legal scholars who might otherwise be concerned with such a work. I really enjoyed reading this book and highly recommend it.' Law Society Journal