20110164 - Advanced Legal Philosophy(Global Legal Studies)

The course will provide an overview of the main issues central to international debates on legal philosophy. The students will acquire theoretical and methodological instruments for the analysis and the understanding of processes of legal globalization.
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Programme

The following concepts will be addressed from the perspective of legal theory: International law and sovregny; boundaries and legal space; citizenship, identity, legal subjectivity; institutions and pluralism.

The course will also confront specific topics including migration and border studies, postcolonial theory, gender studies and intersectionality, law and economic theory.

During the course, the students will be encouraged to attend seminars organised with guest speakers.


Course Learning Objectives
At the end of this course, students should be proficient in the following subject areas and skills:
 familiarity with the transformations that have occurred as a result of the shift from a state-centred paradigm of law to the current paradigm of global legal pluralism
 familiarity with the theoretical approaches related to globalization and the transformation of legal systems, transnationalism and struggles for recognition
 acquisition of instruments to interpret contemporary debates on rights’ recognition, redistribution and global justice


Core Documentation

books

Kelsen, Peace through Law, Part I and II

Schmitt, The nomos of the Earth, Part I and part IV



Papers/journal articles

Kennedy, The Three Globalizazion of Law

Twining, Globalization and Legal Theory

Teubner, Global Bukowina: Legal Pluralism in the World Society

Lindhal, Inside and Outside Global http://www.austlii.edu.au/au/journals/SydLawRw/2019/1.html

Chimni, Prolegomena to a class approach to international law

de Sousa Santos, Beyond Neoliberal Governance: the World Social Forum as subaltern cosmopolitan politics and legality

Macmillan, Critical law and development

Otto, D. ., Subalternity and international law: The problems of global community and the incommensurability of difference

Hilary Charlesworth, Christine Chinkin and Shelley Wright, Feminist Approaches to International Law

Mezzadra, How Many Histories of Labor? Towards a Theory of Postcolonial Capitalism, https://transversal.at/transversal/0112/mezzadra/en



All readings will be uploaded on the e-learning platform