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The age of ‘depoliticisation’ and ‘dejuridification’ and its ‘logic of assembling’: an essay against the instrumentalist use of comparative law’s geopolitics

Siliquini-Cinelli, Luca 2016, The age of ‘depoliticisation’ and ‘dejuridification’ and its ‘logic of assembling’: an essay against the instrumentalist use of comparative law’s geopolitics, Loyola of Los Angeles international & comparative law review, vol. 37, pp. 215-244.

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Title The age of ‘depoliticisation’ and ‘dejuridification’ and its ‘logic of assembling’: an essay against the instrumentalist use of comparative law’s geopolitics
Author(s) Siliquini-Cinelli, Luca
Journal name Loyola of Los Angeles international & comparative law review
Volume number 37
Start page 215
End page 244
Total pages 30
Publisher Loyola Law School
Place of publication Los Angeles, Calif.
Publication date 2016
ISSN 1533-5860
Keyword(s) global order
geopolitics
comparative law
legal scholarship
political theology
Summary While comparative law has become a key discipline, its instrumentalist use has turned out to be a powerful weapon: it is the ‘pen’ by which the identity of and differences in law’s geopolitics are continually written and rewritten. Given its attractive functionalist essence, comparative law is gaining increasing international credit as a way of developing newer theories of sovereignty and governance in a framework in which law is conceived of less as a set of rules and more as a symbolic vestimentum of global soft power. The present contribution critically investigates the relationship between distortive views of comparative law’s geopolitics and the intimate essence of the doctrine aimed at creating the ‘aspatial’, unbounded, illimitable (and hence intangible) liberal global order whose governance appears to transcend the idea and form(s) of law through which the ‘politicization’ and ‘juridification’ of modernity have been achieved in the last century. In doing so, it also addresses why such an alliance has made it easier to ‘discover’ and ‘sell’ the smooth and rectilinear land of the figuratively unspoken and unwritten as the terra incognita that lies over what is created by the constructivist political intervention(s) of the modern nation-state
Language eng
Field of Research 180106 Comparative Law
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, Loyola Law School
Persistent URL http://hdl.handle.net/10536/DRO/DU:30081768

Document type: Journal Article
Collection: Law
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