{"id":9752,"date":"2020-07-03T11:15:05","date_gmt":"2020-07-03T09:15:05","guid":{"rendered":"https:\/\/www.sciencespo.fr\/research\/cogito\/home\/?p=9752"},"modified":"2020-07-07T08:24:56","modified_gmt":"2020-07-07T06:24:56","slug":"how-private-international-law-reveals-our-relationship-to-the-other","status":"publish","type":"post","link":"https:\/\/www.sciencespo.fr\/research\/cogito\/home\/how-private-international-law-reveals-our-relationship-to-the-other\/?lang=en","title":{"rendered":"How Private International Law Reveals our Relationship to the Other"},"content":{"rendered":"
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\u00a9 Brill<\/p><\/div>\n

How does private international law structure and reveal our relationship to alterity? How does this discipline, which may appear to be far-removed from both national and everyday concerns, affect our societies? The analysis of the philosophy of private international law that Horatia Muir Watt proposes in her book <\/span>Discours sur les m\u00e9thodes du droit international priv\u00e9 (des formes juridiques de l’inter-alt\u00e9rit\u00e9)<\/span><\/a><\/em> [<\/span>Discourse on the methods of private international law (on the legal forms of inter-otherness)] provides a more global reflection from the perspective of\u00a0 the social sciences on our ways of addressing difference, whether\u00a0 in culture, legal practice, or more generally in our forms of life.<\/span><\/p>\n

The objective of your book is to review the philosophy of private international law. On what findings is this undertaking based? How should we understand this discipline today?<\/span><\/h5>\n

Horatia Muir-Watt: The book is based on the idea that private international law provides a specific lens through which to view\u00a0 the “global turn” in law, since its traditional remit covers all legal relationships that develop beyond nation states. The he challenge to the prescriptive\u00a0 monopoly of states\u00a0 is precisely at the heart of contemporary upheavals in legal theory. This book seeks to revisit the methods of private international law in order to develop an alternative vision to that of modernity with regard to the association between law and state. Its broader purport\u00a0 concerns the role of the law in defining otherness in our societies and within the political economy. Its stance is\u00a0 critical, but it also has a transformative potential. <\/span><\/p>\n

The stakes are not merely theoretical. Influential literature from other disciplines has recently drawn attention to a phenomenon that critical jurists have long taken for granted: that neither markets, property, labor, nor family are social objects endogenous to law, whose role would be to regulate them as it were from the outside . On the contrary, the law is constitutive of the market(1)<\/sup><\/a>We think of finance theory in The Code of Capital <\/i><\/a>, Katarina Pistor, Princeton University Press, 2019.<\/span><\/span>