Towards Diversity:Systems Theory as a Methodology in International Law
Experiencing a transformative era unparalleled in the last century,the Chinese international law community should delve deeper into the methodological underpinnings of international law.Transformations in methodology frequently herald paradigm shifts within the field of international law.In discussions on'globalization',international law's research paradigms commonly elevate the'nation-state'as a primary subject,examining various'denationalization'phenomena that arise alongside economic and legal globalization.Gunther Teubner,an eminent scholar of sociological jurisprudence,drawing pivotal inspiration from the theory of'societal constitutionalism',endeavors to observe the myriad emerging phenomena associated with'globalization'through a paradigm that transcends state-centric and political perspectives.This novel approach not only adds a methodological dimension beyond the classical narratives of'the departure of the state → the return of the state-the future of international law',but also paves a sociological legal pathway for the transformation of paradigms among international law scholars.Furthermore,it provides insights that challenge the limitations of traditional Western-centric views on international law methodologies.
Systems TheorySocietal ConstitutionalismGlobal GovernanceForeign-related Rule of LawCoordination
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维普
