{"title":"Introduction: global un-governance","authors":"Deval Desai, A. Lang","doi":"10.1080/20414005.2020.1824515","DOIUrl":null,"url":null,"abstract":"ABSTRACT We sketch a novel mode of governance—‘global ungovernance’ (GU)—which draws on and informs the articles in this special issue. GU operates in the context of transnational institution-building projects which at once pursue big visions with claims to universality (eg, building ‘markets’ or the ‘rule of law’), and at the same time offer no adequate prescriptions. We argue that the ‘impossibility of closure’ becomes a central problematic of practical activity in GU—by which we mean the ultimate practical impossibility of matching institutional structures with desired outcomes in these contexts. Viewed as a set of organised practices, GU evinces a commitment both to pursue closure and to embrace its impossibility, equally competently and even at the same time. As a result, GU changes the nature, purpose and conditions of possibility of institution-building techniques and practices.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"219 - 243"},"PeriodicalIF":0.0000,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1824515","citationCount":"6","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2020.1824515","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 6
Abstract
ABSTRACT We sketch a novel mode of governance—‘global ungovernance’ (GU)—which draws on and informs the articles in this special issue. GU operates in the context of transnational institution-building projects which at once pursue big visions with claims to universality (eg, building ‘markets’ or the ‘rule of law’), and at the same time offer no adequate prescriptions. We argue that the ‘impossibility of closure’ becomes a central problematic of practical activity in GU—by which we mean the ultimate practical impossibility of matching institutional structures with desired outcomes in these contexts. Viewed as a set of organised practices, GU evinces a commitment both to pursue closure and to embrace its impossibility, equally competently and even at the same time. As a result, GU changes the nature, purpose and conditions of possibility of institution-building techniques and practices.
期刊介绍:
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.