Toward a New Legal Common Sense: Law, Globalization, and Emancipation (Law in Context)

In a period of paradigmatic transition, Toward a New Legal Common Sense aims to devolve to law its emancipatory potential.Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms. This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects. 01.0_pp_i_i_Toward_a_New_Legal_Common_Sense 05.0_pp_ix_x_Dedication 06.0_pp_xi_xvi_Contents 07.0_pp_xvii_xx_Preface_to_the_Third_Edition 08.0_pp_xxi_xxxi_Preface_to_the_Second_Edition 09.0_pp_xxxii_xxxii_Acknowledgements 10.0_pp_1_23_The_Tension_between_Regulation_and_Emancipation_in_Western_Modernity_and_Its_Demise 11.0_pp_24_98_Toward_an_Oppositional_Postmodern_Understanding_of_Law 12.0_pp_99_120_Legal_Plurality_and_the_Time-Spaces_of_Law_The_Local_the_National_and_the_Global 13.0_pp_121_195_The_Law_of_the_Oppressed_The_Construction_and_Reproduction_of_Legality_in_Pasargada 14.0_pp_196_369_Globalization_Nation-States_and_the_Legal_Field_From_Legal_Diaspora_to_Legal_Ecumenism 15.0_pp_370_419_Law_and_Democracy_The_Global_Reform_of_Courts 16.0_pp_420_495_On_Modes_of_Production_of_Social_Law_and_Social_Power 17.0_pp_496_521_Law_A_Map_of_Misreading 18.0_pp_522_586_Can_Law_Be_Emancipatory 19.0_pp_587_597_Postface_as_Disquietude 20.0_pp_598_642_Bibliography 21.0_pp_643_652_Index_of_Names 22.0_pp_653_666_Index_of_Subjects Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms. This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects.-- Provided by publisher "Western modernity and capitalism are two different and autonomous historical processes. The sociocultural paradigm of modernity emerged between the sixteenth and the end of the eighteenth century, before industrial capitalism became dominant in today's core countries. From then on, the two historical processes converged and interpenetrated each other. However, the conditions and the dynamics of their development remained separate and relatively autonomous. Modernity did not presuppose capitalism as its own mode of production. Indeed, conceived as a mode of production, Marxist socialism is as much a part of modernity as capitalism. Conversely, the latter has coexisted with, and indeed thrived in conditions that, viewed from the perspective of the paradigm of modernity, would definitely be considered premodern or even antimodern"-- Provided by publisher This book is about common sense and it takes us on a journey from the exhaustion of the paradigm of classical science and modernity to the necessary construction of utopias via a detailed analysis of legal institutions and theorizing over several hundred years.