A Globalization Paradigm In Jurisprudence

This paper dedicates to the research of the impact and implications of globalization on the nation-state jurisprudence. Then, a globalization paradigm of jurisprudence is proposed. The Nation-state jurisprudence is the integrated conjunction of the nation-state theory and the orthodox jurisprudence. The nation-state paradigm of jurisprudence absorbed the theoretical core and the practices of nation-state jurisprudence. However, the issue of the globalization of law questions this paradigm. Problems will present and new paradigm is conceiving.Nation-state paradigm of Jurisprudence can be traced back to Aristotle's theory of the city-state in ancient Greece; as opposed to another kind of tradition is ancient Greek tradition of the Stoic school's thought of cosmopolitanism. Although they share the conception of logos, but in Aristotle's traditional political and legal theory more attentions inclined to the theory of city building. It constructs the theoretical foundation of the core of modern nation-state systems of Westphalia today. The most obvious signs of the modern nation-state jurisprudence not only bases on the geographical centered conception of sovereignty, also on specific political community-centered concept of sovereignty. The innovation of Stoicism's cosmopolitanism theory lies not in his rational beliefs, but in the notion that all people should share a human community. Therefore, it represents another different tradition of the political and legal theory compared with the nation-state paradigm.Nation-State Centrism is a glossary of terms frequently used in different disciplines. As nation-state center is concerned, the terms represent a relationship of the Centre and the marginal between the state and the society. There are three different usages of the terms. In jurisprudence, the first nation-state centre for the use of legal concern is concerned with the level of state law, which is as a political organization in the community. The second usages of Nation-State Centrism means that nation-state jurisprudence concentrates the issues on the legal questions within a society that ?organized by a political community. In the point, the society itself is as a social entity based on political organization, but the main concerns point to the social dimension. The third implications of nation center focus on the relationship between the two forms of nation centre mentioned above. It constructs the models of national-international relations, which conceived the whole picture of the world. At last, all of these patterns contribute the paradigm of the nation-state centered theoretical framework of inquiring globalization of law.The Nation-state paradigm of jurisprudence encircles the core of the National Center. However, more question come out with this paradigm. Three law schools depended on the paradigm have been strike by the globalization of law. The first is the natural law theory. For this theory, the concept of civil rights is derived from the modern concept of natural law. The state is thought as the combination of individuals through social contract. Furthermore, the legality of modern nation-state is based on the separation of the civil society from the political state. The second is the positive school of law. It shows the combination of law and sovereignty. We should found that state law has connected with state power, legal officials and political authority. They formed major positivism law thinking. The third is legal and social theory. For this school, it concentrates on the positive of the society. The quality of the society is thought as a national society. All these schools share the community of the nation–state concept.In the process of globalization, along with the development of economic, political and social dimension in global levels and with the disintegration process of the nation-state on, the legitimacy of the modern nation-state has also been questioned. Based on the global context, we should hold the legality of political authority as the starting point to reflect on the legitimacy of the modern nation-state and its problems. Therefore, we should reference the cosmopolitanism theory to re-thinking the legality of globalization of law. To this paper, the cosmopolitanism can be divided into the methodology of the cosmopolitanism, political and moral cosmopolitanism, and the theory of culture cosmopolitanism. These resources of cosmopolitanism of jurisprudence will be the foundation for a new globalization paradigm of jurisprudence.For the globalization paradigm of jurisprudence, the most crux of the problem is how to establish some concept of law, which is different from the paradigm of ?nation-state jurisprudence. Only through the concept of law, we can further the scope of the legal category system and the scope of the rule of law theory. Based on the cosmopolitanism perspective in the process of globalization, some legal pluralists have analyzed the legal plurality and protest the concept of the state law. Meanwhile, the legitimacy of political authority is the most sufficient and necessary conditions. Thus, we will have a concept of law of globalization. This concept of law includes not only national law, but also includes intentional law, transnational law, as well as the possible world law. At the same time, the concept of law in globalization paradigm refuses the thesis that positive law will have more interesting in state law. The concept of law will twine with the legitimacy of authorities on multiple levels of the process of globalization, which includes the legitimacy of nation-state power.For the concept of law, the traditional concept of Positive law is established itself in the paradigm of the legitimacy of nation-state. On the country, the new concept of law will depend based on the legitimacy of the reconstruction of authorities. The establishment of the legitimacy of the nation-state will trip into the legitimacy of multi-dimensional, multi-level authority systems. Once the concept of law has changed, and then the category law associated also will give the new era of globalization connotations. Finally, this paper advances the transformation from the nation-state concept of the rule of law to the rule of law of global governance.Compared with the nation-state paradigm of jurisprudence, the globalization paradigm of jurisprudence also contains the concerns of the legitimacy of nation-state. The new political authorities take the nation-state as the part of new system. In fact, the nation-state has the important role in practices and in functions. However, there are some different things between the two above, especially on the perspectives of looking at law. In this point, the globalization of law should not be think that it doesn't have standpoint, propositions, and doesn't contribute to the development of nation-state. In this sense, it can be seen as the further development of notation-state jurisprudence. However, that does not hamper their differences on their theoretical core in different perspectives.The globalization paradigm of Jurisprudence can be seen as a theoretical breakthrough on the study of legal theory and globalization. For a new paradigm, in its initial form it may be immature. A theory only with practice and reflections will make continuous progresses. With scientific and technological development, the acceleration of economic globalization and the political and legal changes in the world, the changes in theory will be more and more obvious, the globalization paradigm theory of jurisprudence will also increasingly mature.