Globalisation and the Western Legal Tradition: Recurring Patterns of Law and Authority

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ISBN: 9780521688499 | 0521688493
Cover: Paperback
Copyright: 3/3/2008

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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	p. ix
Introduction	p. 1
The Western legal tradition	p. 3
Patterns of law and authority: from the celestial to the terrestrial	p. 8
Grand theory in the human sciences	p. 10
General jurisprudence	p. 12
Danger and opportunity	p. 16
Key issues in globalisation and legal theory	p. 19
Towards a Globalist Jurisprudence	p. 23
Globalisation and the World Revolution	p. 25
Grappling with globalisation	p. 26
Globalisation and legal categories	p. 34
Globalisation as an integrative concept	p. 36
The sphere of containable disruption	p. 42
The 'World Revolution' and legal theory	p. 48
Law and authority in space and time	p. 52
Normative foundations of a historical jurisprudence	p. 52
The Space-Time Matrix	p. 58
Law as culture (nomos) and reason (logos)	p. 70
Law as autobiography in a global world	p. 74
A Holy Roman Empire	p. 77
The original European community	p. 79
A rhetorical 'holy Roman empire'	p. 80
Tribalism	p. 81
Charlemagne's short-lived political universalism	p. 82
Christian moral and political universalism	p. 84
Feudal moral and political diversity	p. 88
Lessons for a globalist jurisprudence	p. 93
Universal law and the Papal Revolution	p. 95
Apocalypse	p. 96
The Papal Revolution	p. 97
Papal supranationality	p. 102
Legal education and practice in a universe of meaning	p. 106
Threshold characteristics of the Western legal tradition	p. 111
State Formation and Reformation	p. 113
Territorial law and the rise of the state	p. 115
The birth of the state	p. 115
Legal diversity and universality in the emerging European states	p. 117
The decline of the Christian commonwealth	p. 128
The arrival of the state	p. 138
Lessons for a globalist jurisprudence	p. 142
The reformation of state authority	p. 144
The neglect of the Protestant Reformations by legal theory	p. 144
Supranationality legislation prior to the Reformations	p. 145
From 'Two Swords' to single sword sovereignty	p. 146
Protestant legal authority	p. 151
Understanding the legislative mentality	p. 157
Religion, Mammon and the spirit of capitalism	p. 161
Demystification and globalist jurisprudence	p. 167
A Wholly Mammon Empire?	p. 171
The constricted universalism of the nation-state	p. 173
Universalism in a different guise	p. 173
The secularisation of international law: European public law	p. 175
The secularisation of the economy	p. 176
The French juristic vision	p. 178
The struggle for European community	p. 193
Globalist jurisprudence and the Enlightenment	p. 194
The incomplete authority of the nation-state	p. 196
The cultural foundation of the nation	p. 196
Logical aspects of the modern state	p. 202
The problematic hyphenation of the nation-state	p. 203
Friendship and self-interest as sources of global allegiance	p. 207
On the way to authorities differently conceived	p. 210
The return of universalist law: human rights and free trade	p. 213
The quest for order in the World Revolution	p. 214
The global hegemony of the USA	p. 218
The preambling quest for human solidarity	p. 220
Universal human rights	p. 227
Free trade	p. 240
Globalist jurisprudence, God and Mammon	p. 247
Competing Jurisdictions Case Studies	p. 253
The twenty-first century European community	p. 255
The reconstitution of the European community	p. 256
EU higher laws	p. 260
Before and beyond the nation-state: international law as constitutional law	p. 264
Supranationality and the 'democratic deficit'	p. 266
Political versus cultural community	p. 269
The global significance of the EU	p. 271
International commercial law and private governance	p. 274
The lex mercatoria	p. 274
European contract law and codification	p. 282
Contract and private governance	p. 287
Private authority and globalist jurisprudence	p. 292
Conclusion: what is to be done?	p. 296
Lions and dragons: revisiting celestial and terrestrial patterns of authority	p. 298
Revisiting the concept of globalisation	p. 303
Some implications for legal education and practice	p. 304
The importance of historical consciousness today	p. 311
Is there anything new under the sun?	p. 315
Bibliography	p. 317
Index	p. 349
Table of Contents provided by Ingram. All Rights Reserved.

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Globalisation and the Western Legal Tradition: Recurring Patterns of Law and Authority

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