The collapse of the rule of law : the Messina earthquake and the state of exception

La Torre, Massimo

Abstract

Globalization is commonly cited as an important factor in theorising legal phenomena in the contemporary world. Although many legal disciplines have sought to adapt their theories to globalization, progress has been comparatively modest within contemporary analytical jurisprudence. This paper aims to offer a survey of recent scholarship on legal theory and globalization and suggests various ways in which these writings are relevant to the project of jurisprudence. This paper argues, more specifically, that the dominant interpretation of globalization frames it as a particular form of legal pluralism. The resulting concept - global legal pluralism - comes in two broad varieties, depending on whether it emphasizes normative or institutional pluralism. This paper goes on to argue that these concepts coincide with two central themes of jurisprudence, namely its concern with normativity and institutionality. Finally, this paper reflects on the feasibility of constructing a ‘general' and ‘descriptive' jurisprudence in light of globalization

Citation

La Torre, M. (2012). The collapse of the rule of law : the Messina earthquake and the state of exception. Netherlands Journal of Legal Philosophy, 41(2), 159-176

• Journal Article Type: Article
• Publication Date: 2012
• Deposit Date: Nov 13, 2014
• Journal: Netherlands journal of legal philosophy
• Print ISSN: 2213-0721
• Publisher: Boom Juridische Uitgevers
• Peer Reviewed: Peer Reviewed
• Volume: 41
• Issue: 2
• Pages: 159-176
• Public URL: https://hull-repository.worktribe.com/output/469306
• Publisher URL: https://www.bjutijdschriften.nl/tijdschrift/rechtsfilosofieentheorie/2012/2/NJLP_2213-0713_2012_041_002_004
• Additional Information: Copy of article first published in Netherlands journal of legal philosophy, 2012, v.41, issue 2