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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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Preface

Jaakko Husa

Extract

From the 1990s, there has been an expansion of literature on non-national laws and border-crossing legalities. At the same time literature on a parallel phenomenon of legal pluralism and, more generally, comparative law has grown considerably. Accordingly, themes like global governance, the rule of law, and fundamental rights are discussed today in international settings. Of course, these developments are not merely scholarly things. On a practical level the changing world of law, which the literature reflects, has brought about a situation where lawyers need to grapple with national, international, European, or transnational laws when they apply multiple normativities. For some, these developments have led to an attempt to try to find how to cope with the changing legal environment or alternatively how to try to change the environment by relying on new global forms of law. For others, these developments have led to attempts to define or otherwise discuss, analyse, or criticise such notions as transnational law or global law. Law students find themselves somewhere in between, i.e. having to cope with the practicalities of non-national substantive law but also trying to steer their way in the terrain of a globalised legal atmosphere and the resulting legal diversity.

This book is the outcome of many paths coming together. First, my work with comparative law theory led to legal pluralism and the idea of genuinely global comparative law. Secondly, as a constitutional scholar I have taken an interest in what is called global constitutionalism and issues that are related...

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