Authority and the Globalisation of Inclusion and Exclusion

Examines the concept of a legal order in the context of globalisation from the perspective of inclusion and exclusion.

Explains why and illustrates how global law emerges as a process of inclusion and exclusion. Suitable for graduate courses on theory of global law, sociology of legal globalisation, politics of globalisation processes, philosophy of law, political philosophy, global governance, and global and transnational constitutionalism.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.