The anti-network: Private global governance, legal knowledge, and the legitimacy of the state

Annelise Riles*

*Corresponding author for this work

    Research output: Contribution to journalArticlepeer-review

    56 Scopus citations

    Abstract

    Global private law has become the source of both anxiety and euphoria. Inherent in this fascination is the assumption that global private law threatens the legitimacy of the state by taking over its functions through new techniques of governance. In this article, I build upon research in one arena of global private governance, the production of legal documentation for the global swap markets, to challenge the most prominent assumptions about private law beyond the state. I argue that rather than focusing on how global private law is or is not an artifact of state power, a body of private norms, or a coherent legal system, we should view global private law as a set of institutions, actors, doctrines, ideas, documents, that is, as a specialized set of "knowledge practices." Viewed from this perspective, global private law is not a radical departure from state law, but really more of the same. Ultimately, I suggest that the "threat," if any, of global private law for the state lies instead in the way it replicates the work of the state in practical, mundane, and routine ways.

    Original languageEnglish (US)
    Pages (from-to)605-630
    Number of pages26
    JournalAmerican Journal of Comparative Law
    Volume56
    Issue number3
    DOIs
    StatePublished - Jan 1 2008

    ASJC Scopus subject areas

    • Law

    Fingerprint

    Dive into the research topics of 'The anti-network: Private global governance, legal knowledge, and the legitimacy of the state'. Together they form a unique fingerprint.

    Cite this