O "nomos" de Robert Cover na trilha do direito global

Abstract

This article aims to revisit the thought of North American jurist Robert Cover in order to think about the global legal scenario through his own framework. First, it describes general features of emerging transnational legal orders at the core of globalization taking Airbnb “community” case as illustration. Then, seek an approach with Cover's thinking by means of some his central concepts, like nomos and jurisgenesis. Also reviews works from authors who have used his insights to understand global law dynamics. At last, it shows Cover's probably most original contribution to the present debate: the inseparability between legal interpretation and violence, an aspect that his commentators tend to diminish regarding transnational legal orders interactions. So, this paper proposes a view on violence based on Cover's work which evokes some normative questions more descriptive approaches seek to avoid.