Pub Date : 2019-05-30DOI: 10.1017/9781108609654.007
A. Tancredi, J. Klabbers, G. Palombella
{"title":"Trade and Inter-Legality","authors":"A. Tancredi, J. Klabbers, G. Palombella","doi":"10.1017/9781108609654.007","DOIUrl":"https://doi.org/10.1017/9781108609654.007","url":null,"abstract":"","PeriodicalId":258048,"journal":{"name":"The Challenge of Inter-Legality","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123298727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-30DOI: 10.1017/9781108609654.013
Poul F. Kjaer
Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of intercontextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms.
{"title":"Global Law As Inter-Contextuality and As Inter-Legality","authors":"Poul F. Kjaer","doi":"10.1017/9781108609654.013","DOIUrl":"https://doi.org/10.1017/9781108609654.013","url":null,"abstract":"Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of intercontextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms.","PeriodicalId":258048,"journal":{"name":"The Challenge of Inter-Legality","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123617866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-11-28DOI: 10.1017/9781108609654.004
S. Taekema
This paper address the idea of interlegality from the perspective of legal theory. Talking about interlegality inevitably leads to a consideration of legal orders between which linkages and connections appear. Interlegality is sometimes described as a process of mixing elements of different legal orders to create a new legal order. In this contribution, the concept of ‘legal order’ is reconsidered in light of the discussions of interlegality. More specifically, a notion of legal order as a system is contrasted with legal order as an interactional practice. Interlegality highlights plurality and tension which is problematic in a systemic view of legal order, and can be absorbed in an interactional view. However, taking the practice view to its limits may lead to a collapse of the notion of order altogether. Given the prominence of the value of coherence in legal thought, complete abandonment of the notion of legal order seems a step too far. This contribution considers how an interactional view of order may incorporate elements of systemic order in order to do justice to interlegality as a phenomenon of our legal world, ranging from the local to the transnational context.
{"title":"Between or Beyond Legal Orders","authors":"S. Taekema","doi":"10.1017/9781108609654.004","DOIUrl":"https://doi.org/10.1017/9781108609654.004","url":null,"abstract":"This paper address the idea of interlegality from the perspective of legal theory. Talking about interlegality inevitably leads to a consideration of legal orders between which linkages and connections appear. Interlegality is sometimes described as a process of mixing elements of different legal orders to create a new legal order. In this contribution, the concept of ‘legal order’ is reconsidered in light of the discussions of interlegality. More specifically, a notion of legal order as a system is contrasted with legal order as an interactional practice. Interlegality highlights plurality and tension which is problematic in a systemic view of legal order, and can be absorbed in an interactional view. However, taking the practice view to its limits may lead to a collapse of the notion of order altogether. Given the prominence of the value of coherence in legal thought, complete abandonment of the notion of legal order seems a step too far. This contribution considers how an interactional view of order may incorporate elements of systemic order in order to do justice to interlegality as a phenomenon of our legal world, ranging from the local to the transnational context.","PeriodicalId":258048,"journal":{"name":"The Challenge of Inter-Legality","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124621303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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