Comparative Studies of the Normative Basis of Civil Society I

Described as one of the most intriguing developments in legal theory and practice today, Transnational Law invites a fundamental reflection on the place, ability and direction of legal regulation as far as flows of humans, data, viruses, goods, services, capital and other risks are concerned. Adopting interdisciplinary techniques and using case studies from around the world, this course provides an exploration of the role played by Transnational Law in normative worlds beyond both domestic and international realms. By considering the theory and practice of Transnational Law and taking a discursive approach to the material, students explore the relevance and potential of Transnational Law both 1) as a project, encompassing new legal doctrinal instruments and concepts, and 2) as an experiment in methodology, implying the creation and consolidation of complex assemblages of law and ‘regulatory governance’ elements. In doing so, they discuss from the critical perspective issues such as the ‘shift from government to governance’, the proliferation of private norm production, the emergence of new actors as norm authors and the increasing resort to ‘soft’ and ‘informal’ law. Upon completion of this course, students are expected to arrive at their own conclusions regarding the question of what, ultimately, is to be considered law.