THOUGHTS ON DUNCAN KENNEDY’S THIRD GLOBALIZATION

Abstract

Kennedy’s characterizations of the First and Second Globalizations are insightful descriptions of American law and philosophy during the relevant periods. I was also fascinated by his description of how the first two globalizations interacted with (and appropriated) colonial cultures and legal regimes. I also agree with Kennedy’s observation that something important happened to legal discourse somewhere around 1970. The difficulty comes with trying to say what happened – what is the nature of the Third Globalization and what changes did it bring? In describing it, Kennedy’s usually lucid prose becomes opague.