Vers une théorie du droit transnational

Kaarlo Tuori

Revue internationale de droit économique, 2013, vol. (t. XXVII), issue 1, 9-36

Abstract: The difficulties of legal theory in coming to terms with transnational law demonstrate how intimately linked to nation-state law many of the supposedly universal concepts of our legal language are. The paper discusses such key concepts as ?transnational law?, ?legal pluralism? and ?interlegality?, but tries also to elaborate a more comprehensive interpretative and normative framework. The paper agrees with radical pluralists on the significance of perspectivism in law, but give this perspectivism a legal cultural turn. Finally the paper argues that transnational law enhances our sensitivity to the spatiality and temporality of law; many-faceted qualities which mainstream legal theory of the 20th century, with its universalist pretensions, tended to ignore or understood in narrow positivist terms. At issue is not only law?s location but also conceptions of time and space, implicit in law, as well as durations and rhythms, boundaries and cross-boundary connections, typical of law at its various levels and in its two dimensions as a legal order and as legal practices.

Keywords: legal theory; transnational law; radical pluralists (search for similar items in EconPapers)
Date: 2013
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