This Element looks first at the fundamental principle of modernity
that is the functional differentiation of society, and the
emergence of autonomous, positive law. The careful architecture of
differentiation, balance, and mutual performance between the legal,
political and economic systems is jeopardised with the hypertrophy
of any one of the structurally coupled systems at the expense of
the others. The pathologies are described in the second section of
the Element. It explores how, under conditions of globalisation,
market thinking came to hoist itself to the position of privileged
site of societal rationality. In the third section we look at what
sustains law's own 'reflexive intelligence' under conditions of
globalisation, and whether we can still rely today on the
constitutional achievement to guarantee law's autonomy, its
democratic credentials and its ability to reproduce normative
expectations today.
General
| Imprint: |
Cambridge UniversityPress
|
| Country of origin: |
United Kingdom |
| Series: |
Elements in Philosophy of Law |
| Release date: |
September 2023 |
| Authors: |
Emilios Christodoulidis
|
| Pages: |
75 |
| ISBN-13: |
978-1-00-900131-1 |
| Categories: |
Books
|
| LSN: |
1-00-900131-0 |
| Barcode: |
9781009001311 |
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