If globalization is the main paradigm of our time, then a chapter on globalization and law could also be entitled, simply, the law of our time. Few, if any, areas of law are not—at least potentially—fundamentally impacted by globalization. In reality, of course, the impact of globalization on legal thought has, so far, been more limited. That has various reasons. A first reason is that globalization, although (or perhaps because) it is generally accepted as the new paradigm of society, has remained a remarkably vague concept in general discourse. The fundamental debates over globalization of the 1990s more or less petered out, without leading to a clear consensus. A second reason is that legal thoughtIf globalization is the main paradigm of our time, then a chapter on globalization and law could also be entitled, simply, the law of our time. Few, if any, areas of law are not—at least potentially—fundamentally impacted by globalization. In reality, of course, the impact of globalization on legal thought has, so far, been more limited. That has various reasons. A first reason is that globalization, although (or perhaps because) it is generally accepted as the new paradigm of society, has remained a remarkably vague concept in general discourse. A second reason is that legal thought has so far reacted to globalization not with a true paradigm shift but instead by more and more inapt attempts to adapt the methodological nationalism that has provided its paradigm for the last two hundred years or so. Globalization has not, yet, led to a true paradigm shift. A third reason, finally, is that globalization poses interdisciplinary challenges, and interdisciplinarity in law and globalization is still surprisingly lacking. On the one hand, many of the conceptual and theoretical discussions of globalization ignore or downplay the law as an important factors (beyond an occasional nod to international law). A widespread understanding of globalization distinguishes three aspects: economics, culture, politics. Law, in the words, is absent. In legal thinking, on the other hand, globalization is ofteneither purely absent (where discussions are purely doctrinal) or appears as a simple idea of internationalization that somehow influences the law. On the other hand, legal theory and doctrine have, until recently, often operated with oversimplified concepts of globalization.
Posted on: Sun, 06 Oct 2013 12:12:24 +0000
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