Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Analytical Jurisprudence and the Concept of Commercial Law (1)
- Commercial lawyers (1)
- Commercial transactions (1)
- Cosmopolitan conception (1)
- Distributive justice (1)
-
- Globalization (1)
- Human social practice (1)
- International economic law (1)
- Legal positivism (1)
- National legal systems (1)
- Trade related aspects of intellectual property (1)
- Transnational conception (1)
- WTO (1)
- What Do We Owe Each Other in the Global Economic Order?: Constructivist and Contractualist Accounts (1)
- World trade law (1)
Articles 1 - 2 of 2
Full-Text Articles in Jurisprudence
Analytical Jurisprudence And The Concept Of Commercial Law, John Linarelli
Analytical Jurisprudence And The Concept Of Commercial Law, John Linarelli
Scholarly Works
Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond …
What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli
What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli
Scholarly Works
No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …