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Full-Text Articles in International Law
Expanding Constitutionalism, Gunther Teubner, Anna Beckers
Expanding Constitutionalism, Gunther Teubner, Anna Beckers
Indiana Journal of Global Legal Studies
Transnational Societal Constitutionalism Symposium, Collegio Carlo Alberto, Turin Italy, May 17-19, 2012
We And Cyberlaw: The Spatial Unity Of Constitutional Orders, Hans Lindahl
We And Cyberlaw: The Spatial Unity Of Constitutional Orders, Hans Lindahl
Indiana Journal of Global Legal Studies
This paper scrutinizes the fundamental assumption governing Gunther Teubner's theory of societal constitutionalism, namely that societal constitutions are ultimately about the regulation of inclusion and exclusion in global function systems. While endorsing the central role of inclusion/exclusion in constitutions, societal or otherwise, I argue that inclusion and exclusion are primordial categories of collective action, rather than functional categories. As a result, the self-closure which gives rise to a legal collective is spatial as much as it is temporal, and subjective no less than material. Inasmuch as legal orders must establish who ought to do what, where, and when, this entails, …
On The Politics Of Societal Constitutionalism, Emilios Christodoulidis
On The Politics Of Societal Constitutionalism, Emilios Christodoulidis
Indiana Journal of Global Legal Studies
This paper is an internal critique of the theory of societal constitutionalism as developed by Gunther Teubner, with a specific emphasis on the constitutional and the political dimensions of the theory. As critique it focuses on the arguably unacknowledged dangers of co-option: the danger that constitutionalization, as an ongoing process, undercuts what we typically associate with the constitutional, which is its framing function; that this problem is accentuated when it comes to the transnational; and that its reflexivity runs the danger of market capture, in which case it remains only nominally political. The danger of market capture for societal constitutionalism …
The Future Of Societal Constitutionalism In The Age Of Acceleration, Riccardo Prandini
The Future Of Societal Constitutionalism In The Age Of Acceleration, Riccardo Prandini
Indiana Journal of Global Legal Studies
The aim of this article is to reframe the debate on societal constitutionalism and constitutionalization from a spatial to a temporal framework. This analytical shift is due to the dramatic acceleration of societal processes, which are increasingly crossing the spatial boundaries of nation-states and of all the other social structures embedded in peculiar places. This high-speed society is characterized by the so-called temporalization of complexity, which influences every aspect of social life and, in particular, the "validity" of law. On the basis of this theoretical background, I would like to show that changing the form of observation from a spatial …
Societal Constitutionalism, Social Movements, And Constitutionalism From Below, Gavin W. Anderson
Societal Constitutionalism, Social Movements, And Constitutionalism From Below, Gavin W. Anderson
Indiana Journal of Global Legal Studies
Within constitutional theory, in comparison to other fields of scholarship, the significance of transnational social movements has been relatively unexamined in the literature. Societal constitutionalism, grounded in the sociological method and open to reexamining received understandings of constitutionalism, would appear conducive to undertaking this enterprise. However, the general absence of social movements from the societal constitutionalism literature is not coincidental, and reflects a shared commitment with more conventional approaches to an institutional conception of constitutionalism, and a belief in the latter's necessary benevolence and Western origin. These assumptions reflect the limited focus of contemporary analyses of globalization and constitutionalism upon …
Dimensions Of Rights Consciousness, Carol J. Greenhouse
Dimensions Of Rights Consciousness, Carol J. Greenhouse
Indiana Journal of Global Legal Studies
Commenting on David Engel's Article, this Comment responds particularly to Engel's formulation of horizontal and vertical axes as a metaphor for the ways different analytical approaches to law and legal consciousness potentially yield *recombinant interpretive questions. Pursuing Engel's concerns with the embeddedness of local norms and social relations in state-based and global legal processes, this Comment suggests expanding the two dimensions of Engel's matrix to four, so as to highlight the relevance of social distance and temporality in the differing accounts of law he assays, and in appreciating their stakes. In so doing, this Comment situates Engel's essay as a …
Expanding The Horizons Of Horizontal Inquiry Into Rights Consciousness: An Engagement With David Engel, Michael W. Mccann
Expanding The Horizons Of Horizontal Inquiry Into Rights Consciousness: An Engagement With David Engel, Michael W. Mccann
Indiana Journal of Global Legal Studies
This Comment interprets and reflects on the key features of David Engel's argument about the importance of balancing vertical models of rights diffusion with horizontal ethnographic studies of how rights consciousness develops out of practical experience in everyday social contexts. The primary focus is on endorsing the general argument and amplifying some understated or undeveloped dimensions of Engel's position. In particular, this reflection makes the case for: 1) expanding the range of subjects and contexts subjected to horizontal study, including especially greater attention to "haves" and elite actors; 2) studying subjects expected to have high rights consciousness as well as …
Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel
Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel
Indiana Journal of Global Legal Studies
No abstract provided.
Legal Imagery In The "Garden Of England", Eve Darian-Smith
Legal Imagery In The "Garden Of England", Eve Darian-Smith
Indiana Journal of Global Legal Studies
Ms. Darian-Smith explores the relationship between law and the
concept of "landscapes, "which she describes as the spatial imagery
through which law is conceived and from which it draws meaning.
She first defines the complex and historically rich concept of the
"garden image," both in general and as it is seen in (and by)
England, its people, and its surrounding political, cultural, and
spatial contexts. In general terms, the garden image is injected into
issues of environmental law. Further, she notes that the garden has
been a fluid, ever-changing concept for England's society and its
developing legal system. Specifically, Darian-Smith …
Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan
Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan
Indiana Journal of Global Legal Studies
Professor Buchanan begins her paper by questioning whether
recent economic and political shifts towards notions of
"globalization" (e.g., the NAFTA) have failed to consider the
politics or economics of change in particular places. Her prime
example of a "place" where integration is illogically forced against
a background of differentiation is the U.S.-Mexico border region.
Through the scope of a "regulatory complex" (a complex of legal,
institutional, regulatory, and social orderings), she departs from the
common view of the NAFTA as a productive tool of North American
integration, and instead views the NAFTA as exacerbating
"differences between localities, industries, and labor …
Law Writing, Immigration, And Globalization In The British Virgin Islands, Bill Maurer
Law Writing, Immigration, And Globalization In The British Virgin Islands, Bill Maurer
Indiana Journal of Global Legal Studies
In this article Mr. Bill Maurer addresses a fundamental tension
at work in the British Virgin Islands: while British Virgin Islanders
(BVIslanders) proudly term themselves a "law and order" people
and seek to distinguish themselves from other Caribbean peoples,
the territory remains as wedded as ever to its British rulers and the
West. Mr. Maurer first notes that when a colonial people begins to
view itself as essentially different from its rulers, it may begin a
concomitant move toward self-rule. He shows that while the BVI
exhibits many attributes of such a territory, BVIslanders consider
their ties to Britain a …