Back in Style

Desautels-Stein, Justin

doi:10.1007/s10978-014-9135-7

Cited by 5 publications

(3 citation statements)

References 19 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The construction of the neoliberal global legal order is the product of private and public actors and concerns both public and private law (Cutler 2003, 191-206). In general, the role of law is therefore quintessential in the creation and consolidation of the capitalist system (Desautels-Stein et al 2014;Poulantzas 1967, 160;Engels [1890Engels [ ] 1979.…”

Section: The Transformations Of the Commodity Form Theory Of Law Due ...mentioning

confidence: 99%

The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law

Fornasari

2024

JLPE

View full text Add to dashboard Cite

This article analyzes the impact of climate change litigation on the form of private law, contributing to our understanding of the transformative potential and limits of private law. I argue that climate change litigation breaks the homology between the commodity form and the legal form, to surprisingly antisystemic effect. Developing this argument, I make three distinct contributions. First, I demonstrate that the legal form of climate change litigation is incompatible with the rationale of capital accumulation. Second, I update the commodity form theory of law elaborated by Pašukanis to conceptualize the transformations of European private law systems that have been unfolding for some decades, which I tentatively label "private law for the age of monopoly capitalism" (PLAMC). Third, I contend that climate change litigation departs from the rationale of PLAMC and that in these cases the legal form does not replicate the commodity form. This rare dissociation creates antisystemic potential.

show abstract

Section: The Transformations Of the Commodity Form Theory Of Law Due ...mentioning

confidence: 99%

The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law

Fornasari

2024

JLPE

View full text Add to dashboard Cite

show abstract

“…In a recent article I have spent some time discussing these interpretive orientations, occupying an intermediate terrain between langue and parole (Desautels-Stein 2014c). It is here, I suggested, that some uses of IR theory could be very helpful in the work of making legal arguments.…”

Section: Law and Politicsmentioning

confidence: 99%

“…One way to think about it is to posit the existence of certain dominant interpretive orientations that will prefigure the dynamic in one or another way. So, for example, we could articulate ‘realist’, ‘communitarian’, ‘individualist’, and ‘statist’ orientations that prefigure the directions of legal work (Desautels-Stein 2014c, 159–66). These orientations, very familiar to IR theory, are hardly unitary in their meaning, but that is not the point.…”

Section: Law and Politicsmentioning

confidence: 99%

International legal structuralism: a primer

Desautels-Stein

2016

Int. Theory

Self Cite

View full text Add to dashboard Cite

International legal structuralism arrived on the shores of international thought in the 1980s. The arrival was not well received, perhaps in part, because it was not well understood. This essay aims to reintroduce legal structuralism and hopefully pave the way for new, and more positive, receptions and understandings. This reintroduction is organized around two claims regarding the broader encounter between international lawyers and critical theory in the 1980s. The first was a jurisprudential claim about how the critics sought to show how international law was nothing more than a continuation of international politics by other means. The second was a historical claim about how the critics wanted to show that international law had never been anything but politics, and that it always would be. In the view of this essay, both of these claims about international legal structuralism were wrong, and they are still wrong today. For despite the tendency to think of it as a cover for postmodern nihilism or relentless deconstruction or both, legal structuralism offers international theorists an enriching and edifying method for rethinking the relation between law and politics on the one hand, and law and history on the other. It is in the effort to carry a brief for a reawakened legal structuralism that the essay brings focus to some of the early works of Koskenniemi and Kennedy, identifies the semiotic foundations of that work, and ultimately suggests the possibility of a second generation of international legal structuralism.

show abstract

A. Wagner and A. Matulewska (eds.): Law and Language Back in Style: Reading the Research Handbook on Jurilinguistics, Edward Elgar, Cheltenham, 2023, 507 p., ISBN 978 1 80220 723 1

Condello

2024

Int J Semiot Law

View full text Add to dashboard Cite

Back in Style

Cited by 5 publications

References 19 publications

The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law

The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law

International legal structuralism: a primer

A. Wagner and A. Matulewska (eds.): Law and Language Back in Style: Reading the Research Handbook on Jurilinguistics, Edward Elgar, Cheltenham, 2023, 507 p., ISBN 978 1 80220 723 1

Contact Info

Product

Resources

About