Chapter

General and Particular Jurisprudence: Three Chapters in a Story<sup>*</sup>

William Twining

in Law in Context

Published in print March 1997 | ISBN: 9780198264835
Published online March 2012 | e-ISBN: 9780191682810 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198264835.003.0016
General and Particular Jurisprudence: Three Chapters in a Story*

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This chapter discusses the series of essays exploring the implications of globalization for legal theory. Anglo-American jurisprudence seems to be parochial and dominated by theories which treat societies, nation states, and legal systems as largely self-contained units. Jurisprudence can be inward looking in respect of its agenda, ethnocentric in respect of its perspective, or limited in respect of its sources and inspiration. Globalization brings a wide range of issues at transnational, international, and global levels and is rapidly changing the significance of national boundaries. This chapter argues that the English positivist tradition has tended to emphasize general more than particular jurisprudence. In considering the implications of globalization for legal theory, it will be necessary to be concerned with a wide range of questions at different levels of generality.

Keywords: globalization; Anglo-American jurisprudence; legal theory; positivist tradition

Chapter.  17017 words. 

Subjects: Jurisprudence and Philosophy of Law

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