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Globalization And Law: Law Beyond The State, Ralf Michaels
Globalization And Law: Law Beyond The State, Ralf Michaels
Faculty Scholarship
The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …
The Mirage Of Non-State Governance, Ralf Michaels
The Mirage Of Non-State Governance, Ralf Michaels
Faculty Scholarship
In this Essay, I offer three theses, all of which are critical. First, non‑state governance is conceptually unattractive; it is a concept that makes little sense. Second, non‑state governance is empirically unattractive; meaningful non‑state governance rarely exists. Third, meaningful non‑state governance is normatively unattractive; we would rarely want it, and people postulating it usually expect the state to play an important role. However, I also have something constructive: a proposed trajectory. Talk about the state and the non‑state can only be an intermediary stage in a trajectory of a theory of governance that might lead to a new paradigm of …