A Theory of Global Law and its Fault Lines

Abstract

The following pages summarise a dialogue that took place online in June and July 2021 between Professor Hans Lindahl and us, a group of Japanese professors specialised in constitutional law, international law, political science, international relations, and legal philosophy. 1 Why and for what purpose did this conversation take place? This is a question which most readers, whether European or Japanese, will naturally hold in mind when looking at the title of this text. However, the question itself presents an answer. Under conditions of globalization, the question about what might count as a global perspective, as well as the phenomena and issues it calls forth, are of central importance. However, addressing these issues is no easy task, as we cannot be genuinely free from all local biases. In other words, our ideas are under the influence of our locality, such as a local history, culture, religion and political systems. Despite such situatedness, how can we reach a universal understanding about globalising legal orders? The only feasible option, we think, is for legal scholars with different backgrounds to get together, discuss together and think together. Through such a process, we hope to strengthen mutual understanding and the conditions for inter-subjectivity across cultural and historical differences. All of this explains why, in April 2020, we carefully studied Professor Lindahl's works, in particular his seminal book, Fault Lines of Globalization. 2 Afterwards, Lindahl was asked to directly discuss it with us, putting forward a series of questions about his approach to legal orders in a global context, and to which he responded. The dialogue between Lindahl and us as non-Western scholars will be advantageous for the purpose of polishing -and reconsideringhis ideas. In the dialogue, Japanese scholars came up with questions which are 1The following Japanese scholars participated in this discussion: Yusuke Ohno