Invisible Institutionalisms : Collective Reflections on the Shadows of Legal Globalisation

"Taking its cue from theoretical and ideological calls to challenge globalisation as a dynamic of homogenisation - and resistance - as led from, and directed against, the Global North, this volume asks: what can we see when we shift the lens beyond a North-South binary? Based on empirical studies of "frontier-zones" of legal globalisation in India, Pakistan and Latin America, the book adopts an original format. Framed as a relational dialogue between newer as well as more prominent scholars within the field, from various cores through to postcolonial academic peripheries, it questions structural variables in the shadows of legal globalisation and how we as scholars build a space for critique"-- Provided by publisher Foreword: Marc Galanter Acknowledgements Contents List of Contributors Introduction Law, Globalisation and the Shadows of Legal Globalisation I. Law and Society: Finding and Making Communities II. The Long Table – Imagining Non-Structured Synergies in a Formal Setting III. Setting the Conversation: Confronting the Risks of Ubiquity, Babel and the Ruses of an Imperial Reason IV. Estrangement, Reflexivity and Refraction with/from Peripheral Sites:The Theme of the Long Table V. The Six Courses | Jumping Points VI. The Six Courses in Dialogue:Reflections, Shadows and Refractions VII. The Case for Conversational Thought Building Cover Note Course 1 1. G-local Women Power: Local Female Representation and Property Rights in India I. Speaking about Power II. Gatekeeper Theory III. Conclusion: How Equality Travels Archive Envy I. On Numbers II. Narrating Rights III. The Invisible and Hyper-Visible Course 2 2. Of Footwear Clusters, Community Ties, and Institutional Tenacity I. The Hing Ki Mandi II. The Aadhatiya III. The Jatav IV. The Me and the Theory V. Hvilsager Three Paise and a Rough Agenda on How to Make the Invisible Visible Searching for Space: Creating Room in Global Studies I. Animation of Discrimination II. Making Sense of Nonsense Course 3 3. The Law, the Visual and Access to Justice in the Colonial Courts of India I. Introduction II. Law, Visuality and Culture III. Ethnographic Work in the Three High Courts IV. Access to Justice V. Conclusion The Visual Culture of Law in India: A Response I. Situating Khorakiwala's Contribution II. Normativity and the 'Justice' of Visual Culture Course 4 4. Formalising Informal Innovation: Engendering an Epistemic Injustice? I. Introduction II. Definitional Issues III. Formalising Informality? IV. Conclusion Soliciting Testimony: The Challenge of Openness in the International Genetically Engineered Machine (iGEM) Competition Are Informal Resilience and Formal Emancipation Necessarily Incompatible? Course 5 5. Islamic Review in Pakistan: Problematising the Divide between Shari’a Courts and their ‘Secular’ Counterparts I. Introduction II. Reflections on Positionality and "Ground Up" Theorising III. Islamic Constitutionalism in Pakistan IV. Complicating the Secular-Religious Binary V. Concluding Thoughts: Islamic Constitutionalism and Theories of Legal Globalisation Navigating Categories – Training, Positionality and Practice The Judicial, the Secular and Beyond: Multi-normative Practices of Pakistani Constitutional Courts I. Introduction: Neither Secularising nor Radicalising Agents II. Zooming Back and Forth: Macro- and Micro-Perspectives III. The Concept of Multi-Normativity IV. The Politics of Institutional Hybrids V. Invisible Institutionalism Course 6 6. Competition Law in Latin America: 100 Years of Solitude Competition Law in Latin America: 100 Years of Solitude I. The Origins of Competition Law Regimes in Latin America II. Enforcement Effectiveness vs Citizen Empowerment: The Precarious Balance of Leniency Regimes in Latin America III. The Buendía Family: Enforcers and the Making of Latin American Competition Law Networks IV. Conclusions Mirrors, Mirages, and the Development Myth Refraction Notes A. Opportunism and Reflexivity: Researchers Playing Double Agents to Study the Double Game of National Legal Elites in International Competition B. Reflections on the Value, Risks, and Obligations of a Career as a Misfit I. Introduction II. Accounting for the Investment, and the Return III. Risks and Attendant Obligations C. Genealogy of a Globalised Socio-Legal (and Feminist) Scholar D. Learning to be a Legal Anthropologist I. Law and Globalisation – Challenging Modernist Assumptions II. Diversifying Scholarly Communities E. Living in the Contradiction: Globalisation and its Discontents F. Commuting between Academy and Social Movements: Reflections of an Insurgent Feminist I. Learning about Adivasi Rights II. Why Focus on Law? III. Adivasi Lawyers and Self Representation IV. By Way of Conclusion G. Ballakrishnen and Dezalay’s Feast: Guess Who’s Coming to Dinner on the Island of Misfit Toys Conclusion: Reading Between the Lines I. Building a ‘Pure’ Gaze on the (In)Visible(S) ofLegal Globalisation II. From Subversion to Carving Outa Space for Critique about Legal Globalisation III. The Games of Dissonance IV. De Te Fabula Narratur Index Introduction : law, globalisation and the shadows of legal globalisation / Swethaa S Ballakrishnen and Sara Dezalay -- G-local women power : local female representation and property rights in India / Rachel E Brulé -- Archive envy / Danish Sheikh -- Of footwear clusters, community ties, and institutional tenacity / Yugank Goyal -- Three paise and a rough agenda on how to make the invisible visible / Fabio de Sa e Silva -- Searching for space : creating room in global studies / Chris Williams -- The Law, the visual, and access to justice in the colonial courts of India / Rahela Khorakiwala -- The visual culture of law in India : a response / Suryapratim Roy -- Formalising informal innovation : engendering an epistemic injustice? / Shamnad Basheer -- Soliciting testimony : the challenge of openness in the international genetically engineered machine (iGEM) competition / Amy Weissenbach -- Are informal resilience and formal emancipation necessarily incompatible? / Jules Naudet -- Islamic review in Pakistan : problematising the divide between Shari'a courts and their 'secular' counterparts / Maryam S Khan -- Navigating categories : training, positionality and practice / Gitanjali Prasad -- The judicial, the secular and beyond : multi-normative practices of Pakistani constitutional courts / Stefan Kroll -- Competition law in Latin America : 100 years of solitude / Andrés Palacios Lleras -- Mirrors, mirages, and the development myth / Usha Natarajan -- Opportunism and reflexivity : researchers playing double agents to study the double game of national legal elites in international competition / Bryant Garth and Yves Dezalay -- Reflections on the value, risks, and obligations of a career as a misfit / Kate Bedford -- Genealogy of a globalised socio-legal (and feminist) scholar / Carrie Menkel-Meadow -- Learning to be a Legal anthropologist / Eve Darian Smith Living in the contradiction : globalisation and its discontents / David M Trubek -- Commuting between academy and social movements : reflections of an insurgent feminist / Kalpana Kannabiran -- Ballakrishnen and Dezalay's feast : guess who's coming to dinner on the island of misfit toys / David B Wilkins