Authority and the Globalisation of Inclusion and Exclusion

Protracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But how is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without excluding? Is an authoritative politics of boundaries possible that neither postulates the possibility of realising an all-inclusive global legal order nor accepts resignation or political paralysis in the face of the globalisation of inclusion and exclusion? These pressing questions guide this book, opening up a vast field of enquiry that demands integrating sociological, doctrinal and philosophical perspectives and insights.

• Proposes a novel and general concept of legal order, illustrating the continuities and discontinuities leading from state law to emergent global legal orders
• Focuses on legal order as an on-going process of inclusion and exclusion, providing a template for integrating conceptual, empirical and normative analyses of emergent global legal orders
• Integrates sociological, doctrinal and philosophical analyses in order to offer a thoroughly comprehensive and systematic interpretation of emergent global legal orders