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Toward a New Legal Common Sense
Law, Globalization, and Emancipation

3rd Edition


Part of Law in Context

  • Date Published: October 2020
  • availability: Available
  • format: Paperback
  • isbn: 9781316610459

£ 31.99

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About the Authors
  • 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.

    • Provides examples of inter-disciplinary and multi-disciplinary science in action
    • An updated third edition, with a new preface and a path breaking chapter untitled: can law be emancipatory?
    • Traces the historical process by which both modern science and modern law have lost the balance between social regulation and social emancipation
    Read more

    Reviews & endorsements

    'The 1985 edition of this book was a pioneering work on globalisation and law; it inspired some, and stimulated or challenged many others. The second version (2003) involved substantial revision and was less optimistic; this new edition reflects many changes in the world and the author's agonised reactions to them. As before, it is bold, incisive and imaginative. It revisits his classic works on Pasagarda, Recife and mental mapping and adds new analyses of pluralism, court reform, epistemologies of the south and an agonised commentary on recent global trends and crises. Tempered by twenty more years of social activism, mainly in Latin America, the author's essential vision survives intact. This is essential reading for anyone interested in law from a global perspective.' William Twining, Emeritus Quain Professor of Jurisprudence at University College London

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    Product details

    • Edition: 3rd Edition
    • Date Published: October 2020
    • format: Paperback
    • isbn: 9781316610459
    • length: 600 pages
    • dimensions: 150 x 230 x 40 mm
    • weight: 0.98kg
    • contains: 3 b/w illus. 2 tables
    • availability: Available
  • Table of Contents

    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, Nation-States, and the Legal Field: From Legal Diaspora to Legal Ecumenism?
    6. Law and Democracy: The Global Reform of Courts
    7. On Modes of Production of Social Law and Social Power
    8. Law: A Map of Misreading
    9. Can Law Be Emancipatory?
    Postface as Disquietude.

  • Author

    Boaventura de Sousa Santos, Universidade de Coimbra, Portugal
    Boaventura de Sousa Santos has written and published widely in Portuguese, Spanish, English, Italian, French, German, Chinese, Danish, Romanian and Polish. His current research interests are epistemology, sociology of law, post-colonial theory, democracy, interculturality, globalization, social movements and human rights. Recent publications include The End of the Cognitive Empire: The Coming of Age of Epistemologies of the South (2018).

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