Transnational Communities and the Concept of Law

Author: COTTERRELL, ROGER

Source: Ratio Juris, Volume 21, Number 1, March 2008 , pp. 1-18(18)

Publisher: Blackwell Publishing

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Abstract:

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The proliferation of forms of transnational regulation, often unclear in their relation to the law of nation states but also, in some cases, claiming authority as “law,” suggests that the concept of law should be reconsidered in the light of processes associated with globalisation. This article identifies matters to be taken into account in any such reconsideration: in particular, ideas of legal pluralism, of degrees of legalisation, and of relative legal authority. Regulatory authority should be seen as ultimately based in the diverse moral conditions of the networks of community which regulation serves.

Document Type: Research article

DOI: 10.1111/j.1467-9337.2007.00377.x

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