什么是宫殿?寻找脆弱的跨国主权大厦

Q2 Social Sciences Transnational Legal Theory Pub Date : 2021-01-02 DOI:10.1080/20414005.2021.1937448
Peer C. Zumbansen
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引用次数: 0

摘要

本期是《跨国法律理论》第12卷的开篇。当它在2010年推出时,第一期的社论以一种雄心勃勃和充满希望的方式阐述了利害关系。多伦多奥斯古德霍尔法学院的召集编辑克雷格·斯科特将《TLT》与《une salle polyvalente》进行了比较,从概念和架构的角度概述了该杂志的范围。他将其描述为“多元思维”,并将其项目描述为一项合作的架构事业,该杂志的推出邀请了“所有人”加入其中。12卷“卷”,54期之后,我们都可以回顾这座随着时间的推移而不断发展的极其丰富的建筑。Paul Klee在1928年将其最迷人的照片之一命名为“Vorübergehen宫殿”,它代表了一座建筑的迷人张力,这座建筑不仅局限于一个完整的物理结构,反而同时向我们展示了它的起源、可见的外观和未来。它通过代表一座运动中的大厦,将现在——据称——更好地理解的过去和仍然未知的明天交织在一起,这座大厦被拉向不同的方向,在具体的、物理的表现和无休止的争论中摇摆。就像“主权”一样,克利的宫殿记录了篡夺和统治、强加和灭绝,以及雷鸣般的号角和无声的呼喊。但是,与此同时,这幅图像也是对一个或多个替代方案的一种非常轻松的暗示,对根据不同原则产生的新建筑和设计的一种或多种暗示,暗示着不同未来的可能性,甚至可能是更好的未来。Klee的建筑形象非常适合我们的反思,因为它迫使我们日复一日地评估已经做了什么,过去和正在建造什么,正在投入和释放什么。一座建筑引发了关于建筑师、建筑商和居民的问题。因此,它要求我们参与与建筑相关的每个人各自的位置和角色。与克利1923年的《爱神》相比,帕拉斯特的目标是
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What’s a palace? In search of the vulnerable edifices of transnational sovereignty
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
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来源期刊
Transnational Legal Theory
Transnational Legal Theory Social Sciences-Law
CiteScore
2.10
自引率
0.00%
发文量
7
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.
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Toleration in the European Union: a forgotten virtue The construction of social Europe through transnational equality All in good time: temporal forms of public law decisions The Trojan Horse of sovereign debt Bluntschli, C’est Moi ? International legal history and hagiography
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