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The Global Turn in Legal Theory

Abstract : Familiar legal theories are epistemologically and politically stato-centric theories; they aim to rationalize intra- and inter-national legal systems. If this Westphalian approach were abandoned, then its replacement might be called Global Law, which invites theorizing that is not stato-centric. When that change happens, one would talk about a Global Turn in legal theory. Describing this turn is the aim of the present paper. To this end I am going to present two ideas and three intuitions—not to mention a couple of ambiguities. The two ideas concern the history and the geography of Global Law. The three intuitions are about the fate of legal theory itself in this new emerging context. What follows is neither a substantial or positivistic analysis, nor a prediction or a wish. I point out tendencies, things that are happening more and more.
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Mikhaïl Xifaras. The Global Turn in Legal Theory. Canadian Journal of Law and Jurisprudence, Cambridge University Press (CUP), 2016, pp.215 - 243. ⟨10.1017/cjlj.2016.8⟩. ⟨hal-03275658⟩

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