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Advanced Introduction to Law and Globalisation

Jaakko Husa

This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.
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Methodological views

Jaakko Husa

Extract

The existence of a large field of non-imperative state law is becoming clearer in the face of normative demands coming from within and without the state.1H Patrick Glenn

It has turned out that legal globalisation is not only about global law. Yet, the ideas underlying global law are particularly revealing for the analysis on law and globalisation. The idea of global law holds a stronger normative claim than the idea of legal globalisation, which contains the underlying idea of plurality, i.e. global legal pluralism. If the strong normative view of legal globalisation is abandoned and this phenomenon is conceived as a multidimensional, non-coordinated series of developments, then the idea of legal pluralism becomes relevant. Importantly, the debate on legal pluralism has moved into the mainstream legal discourse and it is no longer exclusively an obscure issue for non-legal disciplines.2 So, if globalisation of law produces many things – similarities there but differences elsewhere – the question of method arises. What kind of an approach to law should one use? In addition, if there are several overlapping and possibly competing bodies of rules and normativities, how should this be taken into account in our approaches to law? This chapter discusses these questions.

As has been made clear elsewhere in this book, it is not assumed here that globalisation of law leads to unitary cosmopolitan law. On the contrary, it is assumed that globalisation creates unity in some places but produces plurality in others. To that end, we may speak...

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