Administrative / Constitutional Law

The Plurality Trilemma: A Geometry of Global Legal Thought

By David Roth-Isigkeit
Springer-Verlag February 2018

Specifications

ISBN-13
9783319728551
Publisher
Springer-Verlag
Publication
February 2018
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This book provides a comprehensive introduction to global legal thought. It argues that economic globalization and digitalization have induced significant insecurity about the future of human social organization. While traditional international law as a system based on the consent of national states is in the process of rapid adaptation to its new social preconditions, a variety of transnational regulatory levels compete for legal authority. In this process of change, there is more need than ever to guide the theoretical understanding because academic concepts have a crucial influence on the emerging practice of global law. This book highlights which choices are available and argues that global law requires taking a stand in mutually irreconcilable choices.

Table of Contents

1.Introduction: Theory, Practice, and Meta-Theory
2. Global Legal Thought and Plurality
3.Taming Plurality through Formal-Legal Rationality: Habermasian Approaches to Global Law
4.Unleashing Conflict: Post-Modern Luhmannian Approaches to Global Law
5.Process and Harmonizing Principles: Dworkinian Approaches to Global Law
6.The Plurality Trilemma – The Contingent Geometry of Global Legal Thought
7.Conclusion: Icarus.
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