Law Without Nations

by Sarat, Austin; Douglas, Lawrence; Umphrey, Martha Merrill

• ISBN13: 9780804771696
• ISBN10: 0804771693
• Format: Hardcover
• Copyright: 2010-12-10
• Publisher: Stanford Law & Politics

Summary

The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this original collection of essays on law without nations. This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, Law without Nationsoffers sharp analyses of the fraught relationship between the nation and the state--and the legal forms and practices that they require, constitute, and violently contest.

Table of Contents

Contributors	p. xi
Law without Nations: An Introduction	p. 1
Beyond ôBeyond the Stateö: Rethinking Law and Globalization	p. 22
State Law without Its State	p. 66
Law without Nation? The Ongoing Jewish Discussion	p. 101
Western Imperialism and Islamic Law	p. 138
Ethnic Cleansing, Genocide, and Gross Violations of Human Rights: The State versus Humanitarian Law	p. 157
Geertz's Challenge: Is It Possible to Be a Robust Cultural Pluralist and a Dedicated Political Liberal at the Same Time?	p. 185
Index	p. 233
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