This title was first published in 2003.This book explores the interaction of globalization and the development of law. The framework of the book is established by William Twining, who asks how legal concepts can be generalised within a variety of legal orders. This theme is taken up by a group of leading Australian scholars, who produce essays on international economic law, including financial regulation and human rights, and citizenship, migration and crime, under the headings Globalization and the Laws of Money, Globalization and the Laws of People, Globalization, Cultures and Comparisons. This collection marks an important step towards the construction of a jurisprudence for a connected, but still culturally diverse, globe.
Table of Contents
Contents: New directions for jurisprudence, Catherine Dauvergne. Key Themes in Jurisprudence for an Interconnected Globe: The province of jurisprudence re-examined, William Twining; Historical aspects of globalization and law, David B. Goldman. Globalization and the Laws of Money: Globalization and international economic law, Sundhya Pahuja; Networks, norms and the nation state: thoughts on pluralism and globalized securities regulation, Dimity Kingsford Smith. Globalization and the Laws of People: Relabelling the international labour problem: globalization and ideology, Jill Murray; Globalization and citizenship and nationality, Kim Rubenstein; Illegal migration and sovereignty, Catherine Dauvergne. Globalization, Cultures and Comparisons: globalization, legal transplants and unhappiness: post-communist experiences, Adam Czarnota; Crime, terror and transitional cultures in a contracting globe, Mark Findlay; Index.
'... law can no longer be understood as provincial, which is to say, determined by its spatial boundaries, at all. Globalization makes questions of internationality both moot and necessary to any new jurisprudence. But the contributors to this collection... recognize the ways in which law is an over-lapping, fluid, and multiple phenomenon. In as much as the world "global" suggests an expanded province, a legal space that would encompass the globe, Jurisprudence for an Inter-connected Globe eschews such an imperialism. It offers instead a vision of plural legal orders whose effects are determined not by their global reach but by their local inter-connections, whose legitimacy and force is governed not by their province but by their provenance. Each of the articles here collected by Catherine Dauvergne takes up this challenge in a different way, and each provides us with new insights into some of the modern world's most difficult and multifarious problems...' Desmond Manderson , McGill University, Montreal, Canada