Questions AND answers of final exam 2021 Advanced Philosophy of Global Law
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Course
Advanced Philosophy Of Global Law (620309B6)
Institution
Tilburg University (UVT)
This document includes the official questions of 2021's final exam, PLUS model answers. I received an 8,5 for this exam, and finished this course with a 9. It also includes references to sources used.
1. Learning Goal: Understand and apply the relation between legal order and the
globalization of inclusion and exclusion
a) Please explain why, according to the IACA-model of law, globalizing legal orders both
require representation and exist as processes of inclusion and exclusion.
(Maximum: 300 words)
b) Please explain how the challenge that KRRS and La Via Campesína address to
Monsanto and the WTO illustrates that the latter operate as processes of inclusion
and exclusion.
(Maximum: 400 words)
1. .
a. The IACA model of law stands for a legal order as institutionalized and
models of law) require representation because the unity of a collective is
necessarily a represented unity, which is given indirectly as this or as that.1 A
collective (the unity that is implied in the we together) is a represented unity.
Representation is always a representation of this and as that (this relates to
inclusion/exclusion because by representing the unity as this, you exclude the
unity from being represented as that). Someone must say we on behalf of we,
to represent the legal order. Participation in a unity is a type of
representation. Because representational acts are premature and dependent
upon how these representational claims are reacted to by those who the
representations claim to represent, representational acts are defeasible and
never set in stone: a collective is never fully a unity. Therefore, globalizing
legal orders are processes of inclusion/exclusion, a process of reordering,
1
Hans Lindahl, ‘Globalisation and the concept of legal order’ (2020) in Jurisprudence in a Globalized World,
edited by Jorge L. Fabra-Zamora (2020, Edward Elgar Publishing Ltd), 135
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