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The Law's Ultimate Frontier: Towards an Ecological Jurisprudence - A Global Horizon in Private International Law

The Law's Ultimate Frontier: Towards an Ecological Jurisprudence - A Global Horizon in Private International Law

Author: Horatia Muir Watt
Publisher: Hart Publishing
ISBN: 9781509940103

Published In: May 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509968381

List Price: HKD 1,235.00

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This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law – where it is viewed from the outside as obscure and from the inside as a self-contained normative world – generates its potential power to transform law generally and globally.

Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.

Horatia Muir Watt is Professor at Sciences Po Law School, Paris, France.

Introduction: Inklings 1

I. Nature as Alterity in Legal Form 5

II. Nature, Legality and Natural Law 8

III. Law, Bios and Bare Life 13

IV. Globalisation: A Very Short Story 14

V. The 'Old Settlement' and the Legal Summa Divisio 15

VI. Caveats: Law and Nomos; Lex and Ius 20

VII. Private International Law and its Double Scenography 23

VIII. Law's Residues and the Shadow Story 28

IX. Bricolage, Interdisciplinarity and Method 29

X. What is Ecological about this Alternative Jurisprudential Design? 31

XI. Plan and Project 31

Part I: Epistemology and Genealogy: Struggling for the Soul of Method

I. An Initial Glimpse: Private International Law and its Inner Conflicts 45

II. An Example: Cross-Border Environmental Litigation 46

III. Down to Earth: Punctum 50

IV. Bird's-Eye View: Studium 56

V. The Stakes in Method 61

A. Monism vs Pluralism and Theories of Truth 61

B. The Ecological Nature of Method 63

C. Approaching Alterity in Legal Form 65

Nature at the Stake 68

1. The Story of Origin 69

I. Genealogy and Methodology 71

A. The Consensual Tale 72

B. Frictions and Contradictions 77

II. Myth and Legacy 84

A. The Domestic Front: Irrelevance 85

B. The International Front: Self-Isolation 90

The Return of the Repressed 94

2. The Shadow Account 96

I. Dialectical Tensions 99

A. Paradigm Dichotomies 101

B. Nesting 104

II. Competing Imaginaries 107

A. State/Non-State 110

B. Law and Fact 118

C. Foreign/Domestic 124

Eclosion 129

Part II: Aesthetics and Ontology: Constructing the Nomos of the In-Between

3. Jurisdictional Jurisprudence 141

I. Topos and Telos 145

A. Territoriality as Natural Description 147

B. Territoriality as Value Judgement 152

II. Sovereignty 156

A. The Law of Laws 158

B. The Status of the Exception 166

Transition(s) 171

4. A Jurisprudence of the Border 172

I. A 'Juridical Ecology of Ligatures' 178

A. Law as Go-between 181

B. Law's Oscillation 189

II. Law's Morphological Plurality 193

A. The Gaze of the Jaguar 199

B. The Art of the Shaman 208

Before the Law: After Extinction? 215

Part III: Economy and Ethics: Repairing the Split in the Oikos

5. Private International Neoliberal Legality 227

I. Toeing the Line 227

A. Debt and the Capture of Human Collateral 230

B. Foreign Investment and the 'Capture of the Space of the International' 236

C. Capital Structure and the Capture of Accountability 240

D. Development and the Capture of Time 247

II. Disembedding the Rule of Law 251

A. The Darwinian U-turn: A Brief but Giddy Detour 253

B. Autonomy as a Licence to Disembed 258

Reversal 267

6. An Ethic of Responsiveness: The Demands of Interalterity 269

I. The Appeal of the (Legal) Other 274

A. The Categories of Tolerance 277

B. The Social Construction of Acceptability (Ordre Public) 282

C. Wrongs of Rights 285

II. The Law of the Other 292

A. Responsibility and the Experience of Incommensurability 296

B. Hospitality and the De-centring of Self 301

Coalescence 309

7. Residue: Law's Last Judgment: The Threshold of Our Responsibility 311

Bibliography 316

Index 339

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