International scholars offer ethnographic analyses of the relations between transnationalism, law, and culture
The recent surge of right-wing populism in Europe and the United States is widely perceived as evidence of ongoing challenges to the policies and institutions of globalization. But as editors Carol J. Greenhouse and Christina L. Davis observe in their introduction to Landscapes of Law, the appeal to national culture is not restricted to the ethno-nationalisms of the developing world outside of industrial democracies nor to insurgent groups within them. The essays they have collected in this volume reveal how claims of national culture emerge in the pursuit of transnationalism and, under some circumstances, become embedded within international law. The premise that there is inherent tension between nationalism and globalism is misleading. Whether asserted explicitly as state sovereignty or implicitly as cultural community, claims of national culture mediate how governments assert their interests and values when engaging with transnational law. Landscapes of Law demonstrates how nationalism operates in the contested zone between borderless capital and bordered states.
Drawing from the fields of anthropology, international relations, law, political science, and sociology, the book's international contributors examine the ways in which claims of national differences are produced within transnational institutions. Insights from case studies across a wide range of topics reveal how such claims may be worked into policy prescriptions and legal arrangements or provide ad hoc bargaining chips. Together, they show that expressions of national culture outside of state boundaries consolidate claims of sovereignty. The contributors offer innovative frameworks for analyzing the relationships among transnationalism, law, and cultural claims at various levels and scales. They demonstrate how overlapping communities use law to define borders and shape relationships among actors rather than to generate a single social ordering.
Landscapes of Law traces the theoretical implications generated by an understanding of transnational law that challenges the conventional separation of individual, community, society, national, and international spaces.
Contributors: Katayoun Alidadi, Tugba Basaran, Rachel Brewster, Sandra Brunnegger, Christina L. Davis, Sara Dezalay, Marie-Claire Foblets, Henry Gao, Carol J. Greenhouse, David Leheny, Mark Fathi Massoud, Teresa Rodríguez-de-las-Heras Ballell, Gregory Shaffer, Mariana Valverde.
Introduction. Mapping Culture onto Transnational Law
Carol J. Greenhouse and Christina L. Davis
Chapter 1. A Journey Through Law's Landscapes: Close Encounters of the Scalar Kind
Chapter 2. Intersecting Legal Spaces: International Trade and Anticorruption Law
Chapter 3. Changing Internally to Engage Externally: China and the WTO Legal System
Gregory Shaffer and Henry Gao
Chapter 4. The "Africa Bar" of Paris: A Microcosm of Interconnected Histories of Legal Globalization
Chapter 5. Cultural Difference as Legal Resolution: The Raising of the Ehime Maru
Chapter 6. Landscapes of Law in War-Torn Societies
Mark Fathi Massoud
Chapter 7. Uncertain Sovereignties: Indigenous-State Relations in Colombia
Chapter 8. Between Sovereignty and Transnationalism: The European Union as an Incomplete "Transnational Legal Space"
Marie-Claire Foblets and Katayoun Alidadi
Chapter 9. The Emergence of Digital Communities: Generating Trust, Managing Conflicts, and Regulating Globality . . . Digitality
Teresa Rodríguez-de-las-Heras Ballell
Chapter 10. Landscapes of Actually Existing Liberalism: Some Thoughts on the Historical Dialectic of Liberty and Philanthropy
List of Contributors
"Landscapes of Law offers fresh interrogations of the concept and dynamics of culture, illuminating the mutually reinforcing dynamics of state sovereignty, populism, and transnationalism. It is an important and entirely original contribution to the social sciences, political theory, legal studies, and the interdisciplinary study of law."—Jothie Rajah, The American Bar Foundation