Global Law for Private Law

Abstract

The standard concept of law, consisting of legislation and case law, provides authority and legitimacy to law, as well as a methodology. Transnationalisation of law has necessitated the recognition of non-state influences. Although this should lead to an updated concept of law, authority and legitimacy are not actually problematic as these are in practice derived from the authority and legitimacy of national courts which decide most cases, albeit using new sources of law. The main problem of global law is methodology.

Keywords

• transnational law
• global law
• legal knowledge
• methodology
• authority
• legitimacy