Stabilizing flows in the legal field

Illusions of Permanence, Intellectual Property Rights and the Transnationalization of Law

Bibliographic Data

ID4263308
AuthorsPaul Street (University of Nottingham, corresponding author)
Year2003
Volume3
Issue1
Pages7-28
Publication date2003-01-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueGlobal Networks (JOURNAL)
Journal identifiersISSN: 1470-2266 • E-ISSN: 1471-0374
PublisherWiley (PUBLISHER • GB)
DOI10.1111/1471-0374.00048
OpenAlexW2060804433
LanguageEN
Citations received4
References cited40

In this article I examine some of the problems that 'modern' legal theory poses for a consideration of the extended reach of social actors and institutions in time and space. While jurisprudence has begun to engage with the concept of globalization, it has done so in a relatively limited manner. Thus legal theory's encounters with highly visible transnational practices have, for the most part, resulted not in challenging the prevailing formal legal paradigm, but in a renewed if slightly modified search for a general jurisprudence that ultimately takes little account of the manner in which the work of law is carried out transnationally. In the first part of this article I examine how legal theory's concern to maintain its own integrity places limitations on its ability to examine the permeability of social boundaries. In the latter part I draw on critical human geography, post-structuralism and actor-network theory (ANT), to examine the manner in which transnational actors have been able to mobilize law, and in particular intellectual property rights (IPRs), as a necessary strategy for both maintaining the meanings of bio-technologies through time and space, and enrolling farmers into particular social networks

Comparative law · Epistemology · Globalization · Intellectual property · Jurisprudence · Law and economics · Legal pluralism · Legal realism · Political science · Sociology · Sociology of law · Global trade, sustainability, and social impact · Law · Law in Society and Culture

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