Beyond the (Byzantine) state : towards a user theory of jurisdiction
Date
10/2021Author
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Abstract
This chapter explores the concept of ‘entangled legalities’ in the context of pre-modern and (post-)modern localised legal orders: regional, imperial, national, international, transnational and postnational. The first section explores the juridification of the international legal sphere; it contrasts private international law approaches with postnational law approaches, exploring the ways in which the recent postnational shift from hierarchical to heterarchical governance structures in fact leads us back to fundamental questions first posed by (Classical) Roman law. The second section focuses on the striking predominance of ‘strong’ legal norms in current analyses of transnational and postnational legal entanglements. The third section, in contrast, argues for a shift in scholarly emphasis away from ‘strong’ legal norms towards a more explicit focus on the importance of strategic legal argumentation in the constructing localised legalities, via a case study of the multiple juris(dictional)-generative practices revealed in the record of a specific, sixth-century, Roman (Byzantine) dispute settlement: P. Petra IV.39.
Citation
Humfress , C 2021 , Beyond the (Byzantine) state : towards a user theory of jurisdiction . in N Krisch (ed.) , Entangled Legalities Beyond the State . Global Law Series , Cambridge University Press , Cambridge , pp. 353 - 375 . https://doi.org/10.1017/9781108914642.018
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Entangled Legalities Beyond the State
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Peer reviewed
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Book item
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Copyright © Cambridge University Press 2022. An online version of this work is published at doi.org/10.1017/9781108914642 under a Creative Commons Open Access license CC-BY-NC-ND 4.0 which permits re-use, distribution and reproduction in any medium for non-commercial purposes providing appropriate credit to the original work is given. You may not distribute derivative works without permission. To view a copy of this license, visit https://creativecommons.org/licenses/by-nc-nd/4.0. All versions of this work may contain content reproduced under license from third parties. Permission to reproduce this third-party content must be obtained from these third-parties directly.
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