Toward a New Legal Common Sense: Law, Globalization, and Emancipation [Hardcover]

In a period of paradigmatic transition, Toward a New Legal Common Sense aims to devolve to law its emancipatory potential.This book is about common sense and it takes us on a journey from the exhaustion of the paradigm of classical science and modernity to the necessary construction of utopias via a detailed analysis of legal institutions and theorizing over several hundred years.This book is about common sense and it takes us on a journey from the exhaustion of the paradigm of classical science and modernity to the necessary construction of utopias via a detailed analysis of legal institutions and theorizing over several hundred years.Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms. This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects.Preface to the Third Edition; Preface to the Second Edition; 1.The Tension between Regulation and Emancipation in Western Modernity and Its Demise; 2. Toward an Oppositional Postmodern Understanding of Law; 3. Legal Plurality and the Time-Spaces of Law: The Local, the National, and the Global; 4. The Law of the Oppressed: The Construction and Reproduction of Legality in Pasargada; 5. Globalization, l³"