TY - CHAP

T1 - A theoretical introduction and legal perspective on rule of law transfers

AU - Holterhus, Till Patrik

PY - 2019

Y1 - 2019

N2 - This volume deals with the theme of The Law Behind Rule of Law Transfers.Transfers of the rule of law between legal orders have been studied extensively in academia. Yet, so far scholarship has, in this regard, predominantly centered around the socio-political questions.There is, however, more to explore. The volume, therefore, departs from common scholarly paths and intends to assess and explain rule of law transfers as a legal phenomenon. Such an analytical perspective is based on the assumption that rule of law transfers do not only consider the rule of law as a legal concept but encompass a legal dimension themselves.The following introduction will establish the theoretical basis on which such a legal approach shall be carried out. Four arguments will be developed: First, that there exists a plurality of state and non-state legal orders which interact on a global scale (A.). Second, that one particular way of such interaction is the transfer of legal items between legal orders (B.).Third, that the rule of law, as a fundamental legal concept, is such an item and subject to legal transfers (C.). And fourth, that – without doubting the influence of many social and political factors – the law itself plays an underestimated role with respect to rule of law transfers in the global plurality of legal orders (D.). Subsequently, the wide range of legal perspectives on the topic of rule of law transfers contained in this volume shall briefly be outlined (E.).

AB - This volume deals with the theme of The Law Behind Rule of Law Transfers.Transfers of the rule of law between legal orders have been studied extensively in academia. Yet, so far scholarship has, in this regard, predominantly centered around the socio-political questions.There is, however, more to explore. The volume, therefore, departs from common scholarly paths and intends to assess and explain rule of law transfers as a legal phenomenon. Such an analytical perspective is based on the assumption that rule of law transfers do not only consider the rule of law as a legal concept but encompass a legal dimension themselves.The following introduction will establish the theoretical basis on which such a legal approach shall be carried out. Four arguments will be developed: First, that there exists a plurality of state and non-state legal orders which interact on a global scale (A.). Second, that one particular way of such interaction is the transfer of legal items between legal orders (B.).Third, that the rule of law, as a fundamental legal concept, is such an item and subject to legal transfers (C.). And fourth, that – without doubting the influence of many social and political factors – the law itself plays an underestimated role with respect to rule of law transfers in the global plurality of legal orders (D.). Subsequently, the wide range of legal perspectives on the topic of rule of law transfers contained in this volume shall briefly be outlined (E.).

KW - Law

U2 - 10.5771/9783845298481-9

DO - 10.5771/9783845298481-9

M3 - Chapter

SN - 978-3-8487-5716-9

SP - 9

EP - 35

BT - The law behind rule of law transfers

A2 - Holterhus, Till Patrick

PB - Nomos Verlagsgesellschaft mbH & Co. KG

CY - Baden-Baden

ER -