Loughlin, Martin
(2017)
The misconceived search for global law.
Transnational Legal Theory, 8 (3).
pp. 353-359.
ISSN 2041-4005
Abstract
This note argues that the claim that globalization leads to a fundamental shift in the very idea of law is misconceived. First, because the juristic claims advocates make are not new; secondly, because they seek inappropriately to convert empirical issues into conceptual claims; thirdly, because they promote conceptual claims by misidentifying the character of modern law; and finally because, although there is an important issue to be raised by contemporary developments, this—a politico-legal issue—is one that they avoid.
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