Download This PaperTransnational Legal Normativity
Encyclopedia of the Philosophy of Law and Social Philosophy, Eds. M.N.S. Sellers and Stephan Kirste, Section “Formal Structure of Law, Ed. Miodrag Jovanovic, Springer & International Association for Philosophy of Law and Social Philosophy (IVR), Forthcoming
19 Pages Posted: 25 Apr 2017 Last revised: 22 Nov 2017
Date Written: March 22, 2017
Abstract
The chapter articulates the formidable challenges that transnational legal normativity poses to established thinking on legal phenomena and maps the different literatures that have emerged as a consequence. On the one hand discussions on transnational legal normativity are about new (supposedly) legal phenomena, the novel normative challenges these pose to state and international legal systems and the need for an interdisciplinary approach to study them. On the other hand, however, transnational law is at least as much a reflection on deep seated disciplinary assumptions of state-based legal scholarship and domestic legal theory which are now claimed to be untenable. Therefore, talking about transnational legal normativity amounts to reopening the investigation of what should count as domestic law.
Keywords: transnational law, legal theory, regulation, legal pluralism, legal research
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