{"title":"跨国法律:跨国法律在当地的遭遇","authors":"Matthew C. Canfield, J. Dehm, M. Fassi","doi":"10.1080/20414005.2021.2012368","DOIUrl":null,"url":null,"abstract":"ABSTRACT Recent scholarship on transnational law has emphasised how the proliferation and fragmentation of normative orders, legal forms, and transnational actors are transforming the nature and authority of law in the contemporary global context. This Introduction presents what we term translocal legalities—emergent forms of normativity that are constituted through grounded encounters with local and transnational legal practices, discourses, subjectivities, and forms of resistance. By coining this new term, we seek to shift the gaze of transnational legal scholarship away from a top-down mapping of the structures of global law. Centring our analysis on the phenomenology of the encounter, we develop an analytical and empirical approach to understanding these encounters by focusing on how law is constituted not solely within traditional legal organisations and institutions, but through the everyday practices, discourses, and subjectivities of those mediating local, national and transnational norms.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"335 - 359"},"PeriodicalIF":0.0000,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"4","resultStr":"{\"title\":\"Translocal legalities: local encounters with transnational law\",\"authors\":\"Matthew C. Canfield, J. Dehm, M. Fassi\",\"doi\":\"10.1080/20414005.2021.2012368\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT Recent scholarship on transnational law has emphasised how the proliferation and fragmentation of normative orders, legal forms, and transnational actors are transforming the nature and authority of law in the contemporary global context. This Introduction presents what we term translocal legalities—emergent forms of normativity that are constituted through grounded encounters with local and transnational legal practices, discourses, subjectivities, and forms of resistance. By coining this new term, we seek to shift the gaze of transnational legal scholarship away from a top-down mapping of the structures of global law. Centring our analysis on the phenomenology of the encounter, we develop an analytical and empirical approach to understanding these encounters by focusing on how law is constituted not solely within traditional legal organisations and institutions, but through the everyday practices, discourses, and subjectivities of those mediating local, national and transnational norms.\",\"PeriodicalId\":37728,\"journal\":{\"name\":\"Transnational Legal Theory\",\"volume\":\"12 1\",\"pages\":\"335 - 359\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-07-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"4\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Transnational Legal Theory\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20414005.2021.2012368\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2021.2012368","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Translocal legalities: local encounters with transnational law
ABSTRACT Recent scholarship on transnational law has emphasised how the proliferation and fragmentation of normative orders, legal forms, and transnational actors are transforming the nature and authority of law in the contemporary global context. This Introduction presents what we term translocal legalities—emergent forms of normativity that are constituted through grounded encounters with local and transnational legal practices, discourses, subjectivities, and forms of resistance. By coining this new term, we seek to shift the gaze of transnational legal scholarship away from a top-down mapping of the structures of global law. Centring our analysis on the phenomenology of the encounter, we develop an analytical and empirical approach to understanding these encounters by focusing on how law is constituted not solely within traditional legal organisations and institutions, but through the everyday practices, discourses, and subjectivities of those mediating local, national and transnational norms.
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.