What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.
Dr. David Goldman is Senior Associate, Deacons, Sydney and Honorary Affiliate, Julius Stone Institute of Jurisprudence, University of Sydney.
Preface; 1. Introduction; Part I. Towards a Globalist Jurisprudence: 2. Globalisation and the world revolution; 3. Law and authority in space and time; Part II. A Holy Roman Empire: 4. The original European community; 5. Universal law and the Papal Revolution; Part III. State Formation and Reformation: 6. Territorial law and the rise of the state; 7. The reformation of state authority; Part IV. A Wholly Mammon Empire?: 8. The constricted universalism of the nation-state; 9. The incomplete authority of the nation-state; 10. The return of universalist law: human rights and free trade; Part V. Competing Jurisdictions: Case Studies: 11. The twenty-first century European community; 12. International commercial law and private governance; 13. Conclusion.