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1 results

  • 5 - Globalization, Nation-States, and the Legal Field: From Legal Diaspora to Legal Ecumenism?

  • Boaventura de Sousa Santos, Universidade de Coimbra, Portugal
  • Book:
    Toward a New Legal Common Sense
    Published online:
    08 October 2020
    Print publication:
    01 October 2020, pp 196-369

  • Summary

    In Chapter Five, I broaden the legal landscape by means of a global scale - the globalization of law. As I understand it, however, the globalization of law includes the translocal networks of local laws as well as the complex interaction between the national state and its law, on the one hand, and the imperatives of globalization, on the other. I set out to offer an analytical framework and a research agenda for understanding the changes of law in the context of globalization. Given the broadness of the agenda and the need to develop an overarching theoretical framework, I only mapped the central issues and did not seek to offer a detailed analysis of each of them. I also swerve from conventional conceptions, in the case in point, the conventional conceptions of globalization. I submit that there is not one kind of globalization alone, but rather two, and I draw a crucial distinction between hegemonic globalization and counter-hegemonic globalization.