The Challenge of Globalization to American Public Law Scholarship
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Robert Post
American public law scholarship views law as a purposive instrument for the achievement of democratic purposes. It has analyzed how this instrument can best be employed within the historical context of the legal institutions and traditions of particular nation-states. Emerging forms of international law, articulated by international tribunals, challenge these fundamental premises of American public law scholarship. Much international law does not reflect the will of an indentifiable demos, and it is articulated through innovative legal institutions that combine the procedures and organizational forms of many distinct states and legal cultures. Attempting to omprehend the sources and limitations of the legitimacy of this kind of international law will force American public law scholarship to re-examine deep and implicit presuppositions, inherited from legal realism, about the inherent normativity of the rule of law. The author speculates about possible effects of this re-examination on the substantive and methodological agenda of American public law scholarship.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Artikel in diesem Heft
- Article
- The Emergence of Dynamic Contract Law
- The Dynamic Analytics of Property Law
- Contemporary Property Law Scholarship: A Comment
- Correlativity, Personality, and the Emerging Consensus on Corrective Justice
- Questioning the Idea of Correlativity in Weinrib's Theory of Corrective Justice
- Feminist Approaches to Tort Law
- Feminist Approaches to Tort Law Revisited - A Reply to Professor Schwartz
- Encountering the Scarlet Woman of Wall Street: Speculative Comments at the End of the Century
- Criminal Theory in the Twentieth Century
- Criminal Law Scholarship: Three Illusions
- The Challenge of Globalization to American Public Law Scholarship
- Globalization, Human Rights, and American Public Law Scholarship - A Comment on Robert Post
- Harm and Fault in Discrimination Law: The Transition from Intentional to Adverse Effect Discrimination
Artikel in diesem Heft
- Article
- The Emergence of Dynamic Contract Law
- The Dynamic Analytics of Property Law
- Contemporary Property Law Scholarship: A Comment
- Correlativity, Personality, and the Emerging Consensus on Corrective Justice
- Questioning the Idea of Correlativity in Weinrib's Theory of Corrective Justice
- Feminist Approaches to Tort Law
- Feminist Approaches to Tort Law Revisited - A Reply to Professor Schwartz
- Encountering the Scarlet Woman of Wall Street: Speculative Comments at the End of the Century
- Criminal Theory in the Twentieth Century
- Criminal Law Scholarship: Three Illusions
- The Challenge of Globalization to American Public Law Scholarship
- Globalization, Human Rights, and American Public Law Scholarship - A Comment on Robert Post
- Harm and Fault in Discrimination Law: The Transition from Intentional to Adverse Effect Discrimination
