
Contents
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I. Introduction: Globalization, Law, and the “Cultural Turn” I. Introduction: Globalization, Law, and the “Cultural Turn”
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A. Globalization, (Post-)Modernity, and the “Turn” to Culture A. Globalization, (Post-)Modernity, and the “Turn” to Culture
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B. Culture, Legal Globalization, and Transnational Law B. Culture, Legal Globalization, and Transnational Law
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II. “Transnational Legal Culture(s)” between Culture and Civilization II. “Transnational Legal Culture(s)” between Culture and Civilization
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A. “Transnational,” “Legal,” “Culture” A. “Transnational,” “Legal,” “Culture”
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B. The Historical Semantics of “Culture” and the Tropes of “Convergence” and “Clash” B. The Historical Semantics of “Culture” and the Tropes of “Convergence” and “Clash”
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III. Transnational “Third Cultures” III. Transnational “Third Cultures”
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A. Approaches to “Global Culture” and the Concept of “Third Cultures” A. Approaches to “Global Culture” and the Concept of “Third Cultures”
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B. “Third” Cultures, Communities, and Legal Globalization B. “Third” Cultures, Communities, and Legal Globalization
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IV. Transnationalism from Above and from Below IV. Transnationalism from Above and from Below
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A. Other Transnational Legal Cultures and Communities A. Other Transnational Legal Cultures and Communities
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B. Which Globalization, which Transnational Law? B. Which Globalization, which Transnational Law?
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C. “Transnational” from the Other Side C. “Transnational” from the Other Side
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Selective Bibliography Selective Bibliography
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42 Climate Change Governance, International Relations, and Politics: A Transnational Law Perspective
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4 Out of Site: Transnational Legal Culture(s)
Get accessHelge Dedek is an Associate Professor of Law at McGill University. He is interested and has published in comparative and transnational legal history, legal theory, and private law. From 2012 to 2016 he served as the Director of the McGill Institute of Comparative Law. As of 2018, he also holds an appointment as professeur associé (droit comparé & transnational, législation étrangère) at the University of Lausanne. Since 2014 he serves (together with Franz Werro) as the Editor-in-Chief of the American Journal of Comparative Law.
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Published:14 April 2021
Cite
Abstract
Since the inadequacy of the traditional theoretical frameworks for the study of the “global transformation of modernity” (Beck) was becoming more and more evident in the last decades of the twentieth century, “culture” has figured prominently in many literatures that engage with the post-national condition. Yet in legal academia, despite studying similar phenomena of displacement, fragmentation and hybridization, cultural analysis perspectives have traditionally played a rather marginal role in the discourse on globalization and transnationalization. Although some authors have indeed attempted to operationalize the concept of culture in grappling with effects of legal globalization, the emerging field of “transnational law” never took a significant “cultural turn”. This chapter retraces this disciplinary development and reflects on the use of “culture” in transnational law discourse. While not advocating a more prominent role for the notoriously difficult concept of culture, this brief survey serves as a reminder that the same substantive and theoretical choices that kept transnational law from drawing more heavily on cultural analysis and traditional, “social fact” legal pluralism also may limit its scope and create theoretical blind spots. Not determined by a distinct “body of law” but rather understood as a developing discourse within a discipline in the process of coming into its own, transnational law and its gatekeepers have to decide just how methodologically and substantively inclusive, interdisciplinary, and critical they want it to be.
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