Globalization of Law and Legal Theory?
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Anagnou, M. Globalization of Law and Legal Theory?. . From Co-Evolution Towards a Global Perspective to Differentiation in Multi-Level and Regression to National Perspectives. Rechtstheorie, 54(2), 145-163. https://doi.org/10.3790/rth.2024.360631
Anagnou, Mary "Globalization of Law and Legal Theory?. From Co-Evolution Towards a Global Perspective to Differentiation in Multi-Level and Regression to National Perspectives. " Rechtstheorie 54.2, 2023, 145-163. https://doi.org/10.3790/rth.2024.360631
Anagnou, Mary (2023): Globalization of Law and Legal Theory?, in: Rechtstheorie, vol. 54, iss. 2, 145-163, [online] https://doi.org/10.3790/rth.2024.360631
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Globalization of Law and Legal Theory?
From Co-Evolution Towards a Global Perspective to Differentiation in Multi-Level and Regression to National Perspectives
Rechtstheorie, Vol. 54 (2023), Iss. 2 : pp. 145–163
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Dr. Mary Anagnou, External Scientific Associate at the University of Aegean, Department of Mediterranean Studies, University Hill 81100 Mytilene, Griechenland
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Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Globalization of Law and Legal Theory? | 145 | ||
| From Co-Evolution Towards a Global Perspective to Differentiation in Multi-Level and Regression to National Perspectives | 145 | ||
| I. The Contribution of Globalization on the Evolution of Law and Legal Theory (1945–2000) | 146 | ||
| 1. National (State-Centric) Law. Law Within the State The Fragmentation of National Legal Orders and Theories in Space | 147 | ||
| 2. International Law: Law Beyond State Globalization as a Catalyst of an International Law & Legal Theory in the Making | 148 | ||
| 3. Transnational Law: Law Across States | 149 | ||
| 4. Supranational Law: Law Without State A New and Sui Generis (EU) Legal Theory for a Sui Generis Organization | 150 | ||
| 5. Alternative or Supplementary Concepts and Terms of International Law? | 151 | ||
| II. Theorizing the “New (Multi-Legal) World Order”. The Impact of Globalization on Legal Thought | 152 | ||
| 1. Theory of Legal Change. The Role of “Legal Transplantation” to the Globalization of Law | 153 | ||
| 2. Characteristics of the New Legal Order | 153 | ||
| a) Between Fragmentation and Unity. From the Idea of a “Unified Law” Towards a Global Legal Pluralism and Vice Versa? | 154 | ||
| aa) Fragmentation and Diversification of Legal Regimes as a Precondition to Legal Pluralism | 154 | ||
| bb) A Transformation of Sovereign State or a New Role For States/Sovereignty? | 155 | ||
| 3. Globalization and Legal Thought. Towards a New Legal Theory? | 155 | ||
| a) Towards the Adoption of a Global Perspective Not the Construction of a Grand (Globalized) Legal Theory | 156 | ||
| III. A Backlash of Globalization, a Return to Nation-State, National Law, and Theory? The EU Paradigm | 158 | ||
| 1. Multilevel Crises as a Challenge to a Globalized Humanity and Legal Theory? The “Side-Effects” of Globalization | 158 | ||
| a) 11/9/2001: Security Crisis as “Threat” to Globalization? | 159 | ||
| b) Global Financial Crisis (2009–…) and “Slowbalization” | 160 | ||
| c) Migration Crisis: The Culmination of a Perpetual Problem/“The Dark Side of Globalization” | 160 | ||
| d) Pandemic: Globalization as a Mechanism of Disease Transmission (2020–2022) | 161 | ||
| e) Concluding Remarks | 162 | ||
| IV. Conclusions: From National Law and Legal Theory to a Universalized Law and Legal Theory Through Globalization. Is a Transition Possible and Necessary Nowadays? | 162 |