The Plurality Trilemma - A Geometry of Global Legal Thought

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.

List 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.

About the author

David Roth-Isigkeit is Research Fellow at Normative Orders, Cluster of Excellence at Goethe University Frankfurt/Main, Germany.

Summary

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.

Product details

• Authors: David Roth-Isigkeit
• Publisher: Springer, Berlin
• Languages: English
• Product format: Paperback / Softback
• Released: 01.01.2019
• EAN: 9783319892177
• ISBN: 978-3-31-989217-7
• No. of pages: 287
• Dimensions: 139 mm x 17 mm x 208 mm
• Weight: 406 g
• Illustrations: XXIII, 287 p. 6 illus.
• Series: Philosophy, Public Policy, and Transnational Law; Philosophy, Public Policy, and Transnational Law
• Subjects: Social sciences, law, business > Political science > Political theories and the history of ideas; B, Soziale und politische Philosophie, Law, Rechtsmethodik, Rechtstheorie und Rechtsphilosophie, Political Philosophy, Political Theory, Social & political philosophy, social and political philosophy, Political Science and International Studies, Law—Philosophy, Methods, theory & philosophy of law, Theories of Law, Philosophy of Law, Legal History