Law after dominium: thinking with Martti Koskenniemi on property, sovereignty and transformation

Q2 Social Sciences

Transnational Legal Theory Pub Date : 2022-10-02 DOI:10.1080/20414005.2023.2178144

A. Saunders

引用次数: 0

Abstract

ABSTRACT To the Uttermost Parts of the Earth describes the work of law and legal thought in the exercise of European power abroad. In focusing on the common features of the exercise of legal imagination across European traditions—on sovereignty and property—it presents the legal discipline with both the persistence of structure and the question of its transformation. In this review essay, I sketch how aspects of this work might open multiple fronts for scholarship, thought and action: through an insistence on holding onto the public and the private in law as two halves of a greater whole; through thinking about legal transformation as aesthetic practice rather than technical task; and through considering the contradictions of law as profession, and the relationship of that profession to past and future change, in a time of a massively changed and changing climate.

查看原文本刊更多论文

所有权之后的法律:与马尔蒂·科斯科涅米一起思考财产、主权与变迁

《到地球的尽头》描述了欧洲在海外行使权力时法律和法律思想的作用。通过对欧洲传统中行使法律想象力的共同特征——主权和财产——的关注，本书呈现了具有结构持久性和转型问题的法律学科。在这篇评论文章中，我概述了这项工作的各个方面如何为学术、思想和行动开辟多条战线:通过坚持将法律中的公共和私人作为更大整体的两个部分;通过对法律转型作为审美实践而非技术任务的思考;通过考虑法律作为职业的矛盾，以及这个职业与过去和未来变化的关系，在一个巨大变化和不断变化的气候时代。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

求助全文

约1分钟内获得全文求助全文

来源期刊

Transnational Legal Theory Social Sciences-Law

CiteScore

2.10

自引率

0.00%

发文量

期刊介绍： The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.