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Wednesday, December 28, 2022

Paper - "The concept of legal space: A topological approach to addressing multiple legalities"

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 INTERPERSONAL    :     SCIENCES               
HUMANISTIC --------------------------------------  MECHANISTIC      
SOCIOLOGY  :   POLITICAL 
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"5 An early reference to topology in psychology has been developed by Kurt Lewin, Principles of Topological Psychology (McGraw-Hill, New York, 1936). Linking literature and topology, Angus Fletcher, The Topological Imagination: Spheres, Edges, and Islands (Harvard University Press, Cambridge, MA, 2016). For an overview of philosophical approaches related to topology, see Daniel Parrochia, Mathematics and Philosophy (Wiley, Chichester, 2018) Ch 11. Using a topological approach to law, Müller-Mall (n 4). This last contribution constructs a topological approach for assessing perspectives in law (such as reflected in judicial decisions on a certain legal question) and situating them within ‘reference frames’ (in particular 117 et seq)." p.520.

"Law is fragmented ‘along issue-specific rather than territorial lines’, as exemplified by regulatory regimes for environmental and health issues or the private regulation of the cyberspace and of transnational commercial activities.20 Some authors have described this as a ‘deterritorialization’ of law.21 One reason for such a deterritorialization is the increasing amount of regulatory objects that cannot, or can only with difficulty, be linked to any territory – particularly salient in the case of digitalized data and its fluid location." p.522.

"... the notion of legal space suggested here comprises various features that are guided by concepts from topology, a branch of mathematics that analyses the qualitative nature of spaces. This approach has been adopted in an interdisciplinary manner, including in various disciplines of social science."5(See above). pp.519-520.


Global Constitutionalism


Burchardt, D. (2022). The concept of legal space: A topological approach to addressing multiple legalities. Global Constitutionalism, 11(3), 518-547. doi:10.1017/S2045381722000041