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Legal Order and the ‘Globality’ of Global Law

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Chapter Summary

This chapter develops a concept of legal order that is capable of accommodating several distinctive features of global law, as well as features which are traditionally associated to state law. It sketches out the bold lines of a general concept of legal order, which draws on contemporary philosophical accounts of collective action. A legal order is an authoritatively mediated and upheld form of joint action. This general model of legal order explains: why global legal orders typically overlap or overlay each other; why these orders are organized as networks of places; and why they necessarily are organized as a spatial inside in contrast to an outside. That the inside/outside contrast remains constitutive for global legal orders suggests that globalization marks the emergence of new fault lines between legal orders, not the suppression of spatial boundaries. The chapter also presents a decisive feature of the 'globality' of global law.

Keywords: global law; globality; legal order; state law



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