Anglophone Legal Culture and Globalization: State, Corporation, and Technology

Автор: Garske, Joseph P. - подписаться на статьи автора
Журнал: Age of Globalization. Number 4 / 2018 - подписаться на статьи журнала

This paper sets forth a way to understand, how technology has enabled Anglophone legality to employ, both the structure of the state and the structure of the corporation in its project of globalization. The paper does so by comparing the origins, development, and fundamental differences between the two Western legal forms, Civil and Common. It describes Civil law as a philosophical system, and Common law as a collegial system. This comparative approach is used to explain how Civil law is assimilated to the state, and how its Anglophone counterpart holds a position of equal and independent predominance toward both state and corporation. It shows how pragmatic adaptability is an advantage for the English method in constructing a global legal culture.

Keywords: civil law, continental law, Roman law, common law, Anglophone law, legal culture, technology, printing press, transcendence, hegemony, postmodern, modern, corporation, state.