Administrative / Constitutional Law

Toward a New Legal Common Sense: Law, Globalization, and Emancipation 3rd Edition

By Boaventura de Sousa Santos
Cambridge University Press October 2020

Specifications

ISBN-13
9781316610459
Publisher
Cambridge University Press
Publication
October 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms.

This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects.

Table of Contents

Preface to the Third Edition
Preface to the Second Edition
1.The Tension between Regulation and Emancipation in Western Modernity and Its Demise
2. Toward an Oppositional Postmodern Understanding of Law
3. Legal Plurality and the Time-Spaces of Law: The Local, the National, and the Global
4. The Law of the Oppressed: The Construction and Reproduction of Legality in Pasargada
5. Globalization, Nation-States, and the Legal Field: From Legal Diaspora to Legal Ecumenism?
6. Law and Democracy: The Global Reform of Courts
7. On Modes of Production of Social Law and Social Power
8. Law: A Map of Misreading
9. Can Law Be Emancipatory?
Postface as Disquietude
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