Abstract

CARDENAS GRACIA, Jaime. Legal Theory and Neoliberal Globalization. Probl. anu. filos. teor. derecho [online]. 2017, n.11, pp.215-272. ISSN 2448-7937.

Globalization has spawned a new form of law that has not yet been thoroughly elucidated, and less still justified by a legal theory of globalization. Contemporary legal theories have been built around the nation-State and few deal with the problems that arise from current dominant legal theory and practice. This article deals with neoliberalism’s legal variables, and includes a review of some theories that aim at explaining and justifying globalization’s neoliberal law. It also questions whether contemporary constitutional theories can aid in the study of globalized neoliberalism, concluding that some of these theories’ aspects are helpful only if there is a prior commitment to a radical understanding of human rights and democracy.

Keywords : Neoliberalism; globalization; law theory; popular constitutionalism.

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