Private Law Theory and the Global Legal Community

Abstract

The suggestion that the new private law theory would have to stand the test of acceptance by the global legal community raises a question. Who is that global legal community? And does it go beyond Europe? Close reading demonstrates that the non-European world is present and hidden at the same time. It is present because much of the material presented, many of the theories discussed, have transnational materials. However, the non-European world is hidden at the same time because it remains unaddressed, marginalized, and ignored. Including the Global South would make necessary a more radical pluralization of private law theory. This opens up the possibility of new, very different idea of a global legal community that is more improbable but also more attractive.