martedì 23 febbraio 2010

Transnational Legal Theory


JOURNAL: Transnational Legal Theory

The contents of the first volume of Transnational Legal Theory have been announced as follows:

Articles

Pluralism in Postnational Risk Regulation: The Dispute Over GMOs and Trade
Nico Krisch

Human Rights in the Emerging World Order
Joseph Raz

Transnational Governance by Local Rules: How a Global Economic Policy Perspective Could Help
Dan Danielsen

Reviews

Global Legal Pluralism and "Private" International Law
Paul Berman

Jus in bello Through the Lens of Individual Moral Responsibility: McMahan on Killing in War
David Lefkowitz

Human Rights qua Normative Practice - Sui generis or legal?
Samantha Besson

The Pursuit of a Worthwhile Life: Griffin on Human Rights
Terrance McConnell

Hart Publishing explains that

The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity.

Central to Transnational Legal Theory's mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged.

Equally central to Transnational Legal Theory's mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law 'beyond the state' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature. Other areas of interest for the journal include the interaction of systems or orders along such axes as the following examples: constitutional law theory on the reception of various forms of external law by states' legal orders; jurisdictional theory on the external projection of states' legal orders; public law theory on the evolution of regional legal orders; panstate religious normativity; and the theorization of law as "global" in preference or contradistinction to law as either international or transnational. Legal theory is understood broadly to encompass a variety of inter- and subdisciplinary theoretical approaches to law or to law-like normativity, including, to name only some, philosophy of law, legal sociology, legal history, law and economics, and international relations theory.

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