Jurisprudence in a Globalized World
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Jurisprudence in a Globalized World

Edited by Jorge L. Fabra-Zamora

Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
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Chapter 6: Global historical jurisprudence: relating law and power in a global context

Maksymilian Del Mar

Abstract

This chapter makes a case for the virtues of theorising law historically – in general, but especially in the global context. It is argued that theorising law historically has five virtues. It brings with it sensitivity to (1) variation and variability; (2) contingency; and (3) relationality. Further, (4) it draws on the repository of imaginaries of time in historical scholarship, and thus gains analytically by applying multiple diachronic frames to law and legal thought. And, (5) it is a normative exercise, which – via awareness of historiographical debates – can bring into view a wider range of values that are at stake in theorising law. Following an abstract presentation of these virtues, they are then illustrated by reference to theorising the relation between law and power historically. The chapter then turns to the global context, and first offers a multidimensional picture of power in global histories of power – where it is argued that power can profitably be modelled as having the following three dimensions: (1) spatial and temporal; (2) material and aesthetic; and (3) linguistic and imaginary. Having offered some resources from global history along these dimensions, the chapter then applies them to consider the relation between law and power in a global context.

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