Pub Date : 2021-01-02DOI: 10.1080/20414005.2021.1935117
J. L. Fabra-Zamora
ABSTRACT This article aims to establish a stable starting point for the theoretical discussion of non-state legal phenomena, ie, putatitive types of law that lack some of the distinctive features of state legal systems. First, it provides a guiding catalogue of paradigmatic examples of non-state legal phenomena and rehearses the problems associated with state-centred accounts. Second, it proposes a methodological approach to address the conceptual questions created by non-state legal phenomena. Finally, the article isolates three central theoretical puzzles generated by non-state law. These are the disputes about the existence of commonalities among all types of law, the distinction between law and non-law, and the explanatory centrality of norms. This trio of concerns sets the agenda for an explanatory-clarifying account of non-state legal phenomena.
{"title":"The theoretical puzzles of non-state legal phenomena","authors":"J. L. Fabra-Zamora","doi":"10.1080/20414005.2021.1935117","DOIUrl":"https://doi.org/10.1080/20414005.2021.1935117","url":null,"abstract":"ABSTRACT This article aims to establish a stable starting point for the theoretical discussion of non-state legal phenomena, ie, putatitive types of law that lack some of the distinctive features of state legal systems. First, it provides a guiding catalogue of paradigmatic examples of non-state legal phenomena and rehearses the problems associated with state-centred accounts. Second, it proposes a methodological approach to address the conceptual questions created by non-state legal phenomena. Finally, the article isolates three central theoretical puzzles generated by non-state law. These are the disputes about the existence of commonalities among all types of law, the distinction between law and non-law, and the explanatory centrality of norms. This trio of concerns sets the agenda for an explanatory-clarifying account of non-state legal phenomena.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"110 - 143"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2021.1935117","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43775444","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 : 2021-01-02DOI: 10.1080/20414005.2021.1937447
L. Roorda
ABSTRACT In 2021, a Dutch Court of Appeal was the first court to hold that the parent company of a transnational corporate group incurred a duty of care to victims in a third state, who had been harmed by activities of the company’s subsidiary. While this signals significant progress for the movement towards more accountability of parent companies, and better prospects for remedies for victims, the decision is in some respects also a missed opportunity. This contribution examines the decision from a transnational law perspective, provides a critique of how the Court of Appeal misconstrues relevant English precedent, and discusses the public dimensions of this decision and cases like it.
{"title":"Broken English: a critique of the Dutch Court of Appeal decision in Four Nigerian Farmers and Milieudefensie v Shell","authors":"L. Roorda","doi":"10.1080/20414005.2021.1937447","DOIUrl":"https://doi.org/10.1080/20414005.2021.1937447","url":null,"abstract":"ABSTRACT In 2021, a Dutch Court of Appeal was the first court to hold that the parent company of a transnational corporate group incurred a duty of care to victims in a third state, who had been harmed by activities of the company’s subsidiary. While this signals significant progress for the movement towards more accountability of parent companies, and better prospects for remedies for victims, the decision is in some respects also a missed opportunity. This contribution examines the decision from a transnational law perspective, provides a critique of how the Court of Appeal misconstrues relevant English precedent, and discusses the public dimensions of this decision and cases like it.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"144 - 150"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2021.1937447","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44667937","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 : 2021-01-02DOI: 10.1080/20414005.2021.1927608
Angelo Jr Golia, G. Teubner
ABSTRACT World economy and world science have not yet found a counterpart in a world state and probably never will. However, the contours of a political system have emerged, which fulfil the functions of statehood at the global level. Such a system does not take the form of a uniform corporative-hierarchical collectivity but of networked statehood, ie a network of individual states, international organisations, and transnational regimes. Relying on social science and legal constructions, this article offers a positive and negative definition of this concept and an analysis of its intrinsically self-contradictory character traits. Despite these unavoidable contradictions, this article argues that networked statehood still provides considerable advantages and outlines general principles of a future law of networked statehood. These outlines are founded on the belief that networked statehood must be seen as a new and distinct legal form of action but likewise facing the problem of democratic legitimacy.
{"title":"Networked statehood: an institutionalised self-contradiction in the process of globalisation?","authors":"Angelo Jr Golia, G. Teubner","doi":"10.1080/20414005.2021.1927608","DOIUrl":"https://doi.org/10.1080/20414005.2021.1927608","url":null,"abstract":"ABSTRACT World economy and world science have not yet found a counterpart in a world state and probably never will. However, the contours of a political system have emerged, which fulfil the functions of statehood at the global level. Such a system does not take the form of a uniform corporative-hierarchical collectivity but of networked statehood, ie a network of individual states, international organisations, and transnational regimes. Relying on social science and legal constructions, this article offers a positive and negative definition of this concept and an analysis of its intrinsically self-contradictory character traits. Despite these unavoidable contradictions, this article argues that networked statehood still provides considerable advantages and outlines general principles of a future law of networked statehood. These outlines are founded on the belief that networked statehood must be seen as a new and distinct legal form of action but likewise facing the problem of democratic legitimacy.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"7 - 43"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2021.1927608","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48380792","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 : 2021-01-02DOI: 10.1080/20414005.2021.1937448
Peer C. Zumbansen
This issue marks the beginning of volume 12 of Transnational Legal Theory. When it was launched in 2010, the editorial note to its first issue set out the stakes in an ambitious and hopeful manner. Comparing TLT to ‘une salle polyvalente’ the founding, convening editor Craig Scott of Osgoode Hall Law School in Toronto sketched the journal’s scope in conceptual and architectonic terms. Describing it as ‘pluralistically minded’, he depicted its project as a collaborative architectonic undertaking to which the journal’s launch invited ‘everyone’ to join in. Twelve ‘volumes’, and 54 issues later, we all get to look back at the immensely rich edifice that has been evolving over time. A Palast im Vorübergehen, as Paul Klee named one of his most captivating pictures in 1928, represents the intriguing tension of a building that is not confined to a completed physical structure but, instead, confronts us with its origins and visible appearances and futures all at once. It manages to intertwine the now—allegedly —better understood past, and the still unknown tomorrow by representing an edifice in motion, pulled into different directions, swaying between concrete, physical manifestation and endlessly contested options. Just like ‘sovereignty’, Klee’s Palast is a track record of usurpation and domination, of imposition and extermination, and of thunderous trumpets and silenced cries. But, at the same time, the image is also an ever so light allusion to one or more alternatives, to new architectures and designs, arising in accordance with different principles, that suggest the possibility of a different future, maybe even a better one. Klee’s image of a building is so fitting for our reflection as it forces us to take stock of what has been done, what was and is being built, what is being put in motion and being unleashed, day after day. A building prompts questions regarding its architects but also its builders and its inhabitants. As such, it asks us to engage with the respective places and roles held by everyone in relation to the building. In comparison with Klee’s Eros of 1923, Palast aims
{"title":"What’s a palace? In search of the vulnerable edifices of transnational sovereignty","authors":"Peer C. Zumbansen","doi":"10.1080/20414005.2021.1937448","DOIUrl":"https://doi.org/10.1080/20414005.2021.1937448","url":null,"abstract":"This issue marks the beginning of volume 12 of Transnational Legal Theory. When it was launched in 2010, the editorial note to its first issue set out the stakes in an ambitious and hopeful manner. Comparing TLT to ‘une salle polyvalente’ the founding, convening editor Craig Scott of Osgoode Hall Law School in Toronto sketched the journal’s scope in conceptual and architectonic terms. Describing it as ‘pluralistically minded’, he depicted its project as a collaborative architectonic undertaking to which the journal’s launch invited ‘everyone’ to join in. Twelve ‘volumes’, and 54 issues later, we all get to look back at the immensely rich edifice that has been evolving over time. A Palast im Vorübergehen, as Paul Klee named one of his most captivating pictures in 1928, represents the intriguing tension of a building that is not confined to a completed physical structure but, instead, confronts us with its origins and visible appearances and futures all at once. It manages to intertwine the now—allegedly —better understood past, and the still unknown tomorrow by representing an edifice in motion, pulled into different directions, swaying between concrete, physical manifestation and endlessly contested options. Just like ‘sovereignty’, Klee’s Palast is a track record of usurpation and domination, of imposition and extermination, and of thunderous trumpets and silenced cries. But, at the same time, the image is also an ever so light allusion to one or more alternatives, to new architectures and designs, arising in accordance with different principles, that suggest the possibility of a different future, maybe even a better one. Klee’s image of a building is so fitting for our reflection as it forces us to take stock of what has been done, what was and is being built, what is being put in motion and being unleashed, day after day. A building prompts questions regarding its architects but also its builders and its inhabitants. As such, it asks us to engage with the respective places and roles held by everyone in relation to the building. In comparison with Klee’s Eros of 1923, Palast aims","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"1 - 6"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2021.1937448","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45717836","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 : 2021-01-02DOI: 10.1080/20414005.2021.1929022
D. Matthews
ABSTRACT Writing on sovereignty has failed to address the challenges associated with planetary climatic change. As debates about the nature of sovereignty return to the fore, there remains little attention paid to how our newly unstable environmental conditions might call for sovereignty to be imagined anew. Drawing on Neil Walker’s account of the ‘sovereignty frame’–as a means of understanding the enduring relevance of sovereignty for contemporary law and politics – this article understands sovereignty as an aesthetic device which constitutively inures political subjects to the ecological forces and relations central to the climate crisis and the broader challenges associated with the Anthropocene. In taking up the task of reframing sovereignty in a way that properly attends to these issues, this article introduces how sovereignty’s spaces, subjects and modes of governance might be reimagined in light of the Anthropocene thesis and the various disruptions it heralds for social life.
{"title":"Reframing sovereignty for the anthropocene","authors":"D. Matthews","doi":"10.1080/20414005.2021.1929022","DOIUrl":"https://doi.org/10.1080/20414005.2021.1929022","url":null,"abstract":"ABSTRACT Writing on sovereignty has failed to address the challenges associated with planetary climatic change. As debates about the nature of sovereignty return to the fore, there remains little attention paid to how our newly unstable environmental conditions might call for sovereignty to be imagined anew. Drawing on Neil Walker’s account of the ‘sovereignty frame’–as a means of understanding the enduring relevance of sovereignty for contemporary law and politics – this article understands sovereignty as an aesthetic device which constitutively inures political subjects to the ecological forces and relations central to the climate crisis and the broader challenges associated with the Anthropocene. In taking up the task of reframing sovereignty in a way that properly attends to these issues, this article introduces how sovereignty’s spaces, subjects and modes of governance might be reimagined in light of the Anthropocene thesis and the various disruptions it heralds for social life.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"44 - 77"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2021.1929022","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48175214","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 : 2020-12-18DOI: 10.1080/20414005.2021.1957329
Kevin L. Crow
ABSTRACT This article frames constituency in relation to international corporate persons (ICPs) as a Jessupian ‘human problem’, constructively and politically. Drawing from examples in international trade law and international investment law it demonstrates the transformative power of ICP interests in the making of contemporary international economic law (IEL). It then analyses the logics of the economic and legal thinkers who facilitate this power in IEL and suggests these logics enabled a corporate constituency that separates the interests of the law from the interests of humans, both as subjects of law and as sources of institutional legitimacy. In the process, it shows that at least one ‘human problem’ with IEL’s corporate constituency—and by extension IEL itself—is that it is based on domestic market wisdoms projected internationally. By failing to account for the political and legal influence of the most significant transnational market participants, IEL is structurally insulated from human problems.
{"title":"International corporate constituency as a human problem","authors":"Kevin L. Crow","doi":"10.1080/20414005.2021.1957329","DOIUrl":"https://doi.org/10.1080/20414005.2021.1957329","url":null,"abstract":"ABSTRACT This article frames constituency in relation to international corporate persons (ICPs) as a Jessupian ‘human problem’, constructively and politically. Drawing from examples in international trade law and international investment law it demonstrates the transformative power of ICP interests in the making of contemporary international economic law (IEL). It then analyses the logics of the economic and legal thinkers who facilitate this power in IEL and suggests these logics enabled a corporate constituency that separates the interests of the law from the interests of humans, both as subjects of law and as sources of institutional legitimacy. In the process, it shows that at least one ‘human problem’ with IEL’s corporate constituency—and by extension IEL itself—is that it is based on domestic market wisdoms projected internationally. By failing to account for the political and legal influence of the most significant transnational market participants, IEL is structurally insulated from human problems.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"159 - 176"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2021.1957329","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46903072","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 : 2020-10-01DOI: 10.1080/20414005.2020.1834795
M. Clare
ABSTRACT This paper explores the transnational regulatory structures governing the experiences of women workers in a garment export manufacturing complex in Ho Chi Minh City, Vietnam. It addresses their resistance to abuse outside the formal legal regimes of audits, grievances, and legal challenges. It then traces their experiences through the transnational regulatory framework which structures their work, as a means of testing the theorisation of emerging transnational legal models. In particular, the article will discuss the interactions of Vietnamese domestic law, international law, and private regulation by the factory owners and Nike, a prominent buyer, with respect to the specific placement of women in garment export manufacturing and their capacity to organise and gain legal relief. It concludes by stating that the privatisation of regulatory forms and procedures underway in the development of the transnational legal order significantly erodes workers’ legal rights and claim-making capacities, but countercurrents of grassroots resistance are also identifiable.
{"title":"‘We Have Voices But We Can’t Really Speak’: transnational privatisation and (de)juridification of women’s employment in global export manufacturing—a case study of Hansae Vietnam Co Ltd","authors":"M. Clare","doi":"10.1080/20414005.2020.1834795","DOIUrl":"https://doi.org/10.1080/20414005.2020.1834795","url":null,"abstract":"ABSTRACT This paper explores the transnational regulatory structures governing the experiences of women workers in a garment export manufacturing complex in Ho Chi Minh City, Vietnam. It addresses their resistance to abuse outside the formal legal regimes of audits, grievances, and legal challenges. It then traces their experiences through the transnational regulatory framework which structures their work, as a means of testing the theorisation of emerging transnational legal models. In particular, the article will discuss the interactions of Vietnamese domestic law, international law, and private regulation by the factory owners and Nike, a prominent buyer, with respect to the specific placement of women in garment export manufacturing and their capacity to organise and gain legal relief. It concludes by stating that the privatisation of regulatory forms and procedures underway in the development of the transnational legal order significantly erodes workers’ legal rights and claim-making capacities, but countercurrents of grassroots resistance are also identifiable.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"454 - 483"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1834795","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43484092","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 : 2020-10-01DOI: 10.1080/20414005.2020.1834937
M. Qafisheh
ABSTRACT With growing global scholarship on clinical education, a theory in the field of legal pedagogy is emerging. Such a theory identifies clinical concepts, defines clinical education’s roots, goals, nature, values, content, significance, methods, design, planning, procedures, management, assessment, locus in curricula, critiques, challenges and relevance to various legal systems and theories. A theory for clinical education shapes up the entire notion of clinical pedagogy, makes it more plausible and accessible to diverse local situations. This article claims that there is an emerging theory in the field of legal pedagogy, springing from multiple theories, and placing them under one umbrella that can be called ‘clinicalism’. Clinicalism stems from one’s own clinical practice, comparative models, socio-legal studies, anthropology, philosophy, logic, political and legal theories. Clinicalism may also refer to the process of comprehending clinical practices attributable to existing theories; or to the methodology of theorisation by using tools of social sciences.
{"title":"Clinicalism: an emerging theory in legal pedagogy","authors":"M. Qafisheh","doi":"10.1080/20414005.2020.1834937","DOIUrl":"https://doi.org/10.1080/20414005.2020.1834937","url":null,"abstract":"ABSTRACT With growing global scholarship on clinical education, a theory in the field of legal pedagogy is emerging. Such a theory identifies clinical concepts, defines clinical education’s roots, goals, nature, values, content, significance, methods, design, planning, procedures, management, assessment, locus in curricula, critiques, challenges and relevance to various legal systems and theories. A theory for clinical education shapes up the entire notion of clinical pedagogy, makes it more plausible and accessible to diverse local situations. This article claims that there is an emerging theory in the field of legal pedagogy, springing from multiple theories, and placing them under one umbrella that can be called ‘clinicalism’. Clinicalism stems from one’s own clinical practice, comparative models, socio-legal studies, anthropology, philosophy, logic, political and legal theories. Clinicalism may also refer to the process of comprehending clinical practices attributable to existing theories; or to the methodology of theorisation by using tools of social sciences.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"549 - 570"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1834937","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45493249","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 : 2020-10-01DOI: 10.1080/20414005.2020.1859255
C. Macchi
ABSTRACT Based on International Human Rights Law and EU law, this article endorses a ‘functional’ paradigm of EU’s fundamental rights obligations, exploring whether such obligations extend beyond the EU’s external borders and which positive obligations, if any, they entail. The article argues that the EU’s fundamental rights obligations are founded in a non-territorial standard, as they attach to all ‘functions’ exercised by EU institutions, regardless of their internal or external scope. The paper then addresses the implications of such paradigm for the EU’s human rights obligations in the context of its Common Commercial Policy, focusing in particular on trade agreements, investment protection agreements and on the EU’s duty to regulate corporate actors.
{"title":"With trade comes responsibility: the external reach of the EU’s fundamental rights obligations","authors":"C. Macchi","doi":"10.1080/20414005.2020.1859255","DOIUrl":"https://doi.org/10.1080/20414005.2020.1859255","url":null,"abstract":"ABSTRACT Based on International Human Rights Law and EU law, this article endorses a ‘functional’ paradigm of EU’s fundamental rights obligations, exploring whether such obligations extend beyond the EU’s external borders and which positive obligations, if any, they entail. The article argues that the EU’s fundamental rights obligations are founded in a non-territorial standard, as they attach to all ‘functions’ exercised by EU institutions, regardless of their internal or external scope. The paper then addresses the implications of such paradigm for the EU’s human rights obligations in the context of its Common Commercial Policy, focusing in particular on trade agreements, investment protection agreements and on the EU’s duty to regulate corporate actors.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"409 - 435"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1859255","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45630720","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 : 2020-10-01DOI: 10.1080/20414005.2020.1859254
N. Sheffi
ABSTRACT This paper investigates the transformation of Airbnb as a platform for a more general reflection on the technological and technical constitution of domains, political platforms, and subjectivities. Part I explores the various (juridical and digital) technologies and techniques employed by the service provider to ‘fight discrimination and bias’, as well as to encode a world where everyone can ‘Belong Anywhere’. Part II draws on social systems theory and Gunther Teubner’s societal constitutionalism, rethinking the processes analysed in Part I in terms of auto-constitutionalisation. The auto-constitutionalisation of Airbnb, Part III suggests, instantiates the emergence of a new grammar of political action, epitomised by the Airbnb Terms of Service agreement, and a new generalisable mode of subjectivation: the standard formation of subjects.
{"title":"We accept: the constitution of Airbnb","authors":"N. Sheffi","doi":"10.1080/20414005.2020.1859254","DOIUrl":"https://doi.org/10.1080/20414005.2020.1859254","url":null,"abstract":"ABSTRACT This paper investigates the transformation of Airbnb as a platform for a more general reflection on the technological and technical constitution of domains, political platforms, and subjectivities. Part I explores the various (juridical and digital) technologies and techniques employed by the service provider to ‘fight discrimination and bias’, as well as to encode a world where everyone can ‘Belong Anywhere’. Part II draws on social systems theory and Gunther Teubner’s societal constitutionalism, rethinking the processes analysed in Part I in terms of auto-constitutionalisation. The auto-constitutionalisation of Airbnb, Part III suggests, instantiates the emergence of a new grammar of political action, epitomised by the Airbnb Terms of Service agreement, and a new generalisable mode of subjectivation: the standard formation of subjects.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"484 - 520"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1859254","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42348147","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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