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Fault Lines of GlobalizationLegal Order and the Politics of A-Legality$
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Hans Lindahl

Print publication date: 2013

Print ISBN-13: 9780199601684

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199601684.001.0001

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The Identity of Legal Collectives

The Identity of Legal Collectives

Chapter:
(p.77) 3 The Identity of Legal Collectives
Source:
Fault Lines of Globalization
Author(s):

Hans Lindahl

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199601684.003.0004

The chapter ties together the findings of the first two chapters, further developing a concept of legal order in the first-person plural by drawings on theories of collective action and linking these to Ricœur's contribution to a theory of identity. By grasping why joint action involves collective identity as sameness (idem) and as selfhood (ipse) it explains why legal orders are an interconnected distribution of ought-places, times, subjects and act-contents in which boundaries join and separate its elements. Moreover, by explaining why joint action involves collective self-inclusion and the exclusion of alterity, the chapter also adumbrates why legal orders are perforce limited, i.e. why and how legal (dis)order goes hand in hand with a domain which remains unordered from the first-person perspective of the apposite legal collective. The chapter concludes by exploring some of the implications of these ideas for the current debate about law in a global setting.

Keywords:   collective identity, selfhood, sameness, alterity, constitution, territoriality

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