This article advances a geonormative reconceptualization of law, moving beyond the traditional linkage between normativity and state territory. Building on the idea of law as a dynamic and reflexive process, it argues that normative powers are increasingly distributed across public, private, and transnational levels. The notion of territorial capabilities is introduced to capture the differentiated capacity of places to respond to normative stimuli, particularly in light of global communicative flows that generate dispersed and unpredictable forms of normative production. Against both territorially bounded conceptions of legal order and the project of global legal pluralism, the article develops a heterarchical understanding of places, in which law emerges from the interaction of distributed forms of agency, environmental conditions, and communicative processes. This perspective challenges the appropriative paradigm underlying modern legal thought and supports the development of a correlative, non-appropriative model of rights. Through the analysis of cultural and cognitive goods, the article illustrates how a geonormative approach enables a more context-sensitive and relational understanding of regulation, capable of accounting for the complex interplay between social practices, institutional frameworks, and spatial configurations.
Geography of Spaces, Heterarchy of Places, Metabolism of Rules: Taking Law Beyond Its Confinement Discourse
VINCENZA CONTE
In corso di stampa
Abstract
This article advances a geonormative reconceptualization of law, moving beyond the traditional linkage between normativity and state territory. Building on the idea of law as a dynamic and reflexive process, it argues that normative powers are increasingly distributed across public, private, and transnational levels. The notion of territorial capabilities is introduced to capture the differentiated capacity of places to respond to normative stimuli, particularly in light of global communicative flows that generate dispersed and unpredictable forms of normative production. Against both territorially bounded conceptions of legal order and the project of global legal pluralism, the article develops a heterarchical understanding of places, in which law emerges from the interaction of distributed forms of agency, environmental conditions, and communicative processes. This perspective challenges the appropriative paradigm underlying modern legal thought and supports the development of a correlative, non-appropriative model of rights. Through the analysis of cultural and cognitive goods, the article illustrates how a geonormative approach enables a more context-sensitive and relational understanding of regulation, capable of accounting for the complex interplay between social practices, institutional frameworks, and spatial configurations.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


