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This volume presents the first thorough sociologically-informed
legal analysis of the financial crisis which unfolded in 2008. It
combines a multitude of theoretically informed analyses of the
causes, dynamics and reactions to the crisis and contextualises
these within the general structural transformations characterising
contemporary society. It furthermore explores the constitutional
implications of the crisis and suggests concrete changes to the
constitutional set-up of contemporary society. Although the
question of individual responsibility is of crucial importance, the
central idea animating the volume is that the crisis cannot be
reduced to a mere failure of risk perception and management for
which individual and collective actors within and outside of
financial organisations are responsible. The 2008 crisis should
rather be understood as a symptom of far deeper structural
transformations. For example contemporary society is characterised
by massive accelerations in the speed with which societal processes
are reproduced as well as radical expansions in the level of
globalisation. These transformations have, however, been
asymmetrical in nature insofar as the economic system has outpaced
its legal and political counterparts. The future capability of
legal and political systems to influence economic reproduction
processes is therefore conditioned by equally radical
transformations of their respective operational forms and
self-understanding. Potentially the 2008 crisis, therefore, has
far-reaching constitutional implications.
This collection brings together some of the most influential
sociologists of law to confront the challenges of current
transnational constitutionalism. It shows the constitution
appearing in a new light: no longer as an essential factor of unity
and stabilisation but as a potential defence of pluralism and
innovation. The first part of the book is devoted to the analysis
of the concept of constitution, highlighting the elements that can
contribute from a socio-legal perspective, to clarifying the
principle meanings attributed to the constitution. The study goes
on to analyse some concrete aspects of the functioning of
constitutions in contemporary society. In applying Luhmann's
General Systems Theory to a comparative analysis of the concept of
constitution, the work contributes to a better understanding of
this traditional concept in both its institutionalised and
functional aspects. Defining the constitution's contents and
functions both at the conceptual level and by taking empirical
issues of particular comparative interest into account, this study
will be of importance to scholars and students of sociology of law,
sociology of politics and comparative public law.
This volume addresses the pluralistic identity of the legal order.
It argues that the mutual reflexivity of the different ways society
perceives law and law perceives society eclipses the unique formal
identity of written law. It advances a distinctive approach to the
plural ways in which legal cultures work in a modern society,
through the metaphor of the mirror. As a mirror of society, it
distinguishes between the structure and function of legal culture
within the legal system, and the external representation of law in
society. This duality is further problematized in relation to the
increasing transnationalisation of law. Based on a multi-level
interpretation of the concept of legal culture, the work is divided
into three parts: the first addresses the mutual reflections of
social and legal norms that support a pluralist representation of
internal legal cultures, the second concentrates on the external
legal cultures that constantly enable pragmatic adjustments of the
legal order to its social environment, and the third concludes the
book with a theoretical discussion of the issues presented.
How have national identities changed, developed and reacted in the
wake of transition from communism to democracy in Central and
Eastern Europe? Central and Eastern Europe After Transition defines
and examines new autonomous differences adopted at the state and
the supranational level in the post-transitional phase of the
post-Communist area, and considers their impact on constitutions,
democracy and legal culture. With representative contributions from
older and newer EU members, the book provides a broad set of
cultural points for reference. Its comparative and
interdisciplinary approach includes a useful selection of
bibliographical resources specifically devoted to the Central
Eastern European countries' transitions.
With contributions from experts in the field of sociology of law,
this book provides an overview of current perspectives on
socio-legal studies. It focuses particularly on the relationship
between law and society described in recent social systems theory
as 'structural coupling'. The first part of the book presents a
reconstruction of theoretical tendencies in the field of
socio-legal studies, characterised by the emergence of a
transnational model of legal systems no longer connected to
territorial borders and culturally specific aspects of single legal
orders. In the following parts of the book, the contributions
analyse some concrete cases of interrelation between law and
society from an empirical and theoretical perspective.
How have national identities changed, developed and reacted in the
wake of transition from communism to democracy in Central and
Eastern Europe? Central and Eastern Europe After Transition defines
and examines new autonomous differences adopted at the state and
the supranational level in the post-transitional phase of the
post-Communist area, and considers their impact on constitutions,
democracy and legal culture. With representative contributions from
older and newer EU members, the book provides a broad set of
cultural points for reference. Its comparative and
interdisciplinary approach includes a useful selection of
bibliographical resources specifically devoted to the Central
Eastern European countries' transitions.
With contributions from experts in the field of sociology of law,
this book provides an overview of current perspectives on
socio-legal studies. It focuses particularly on the relationship
between law and society described in recent social systems theory
as 'structural coupling'. The first part of the book presents a
reconstruction of theoretical tendencies in the field of
socio-legal studies, characterised by the emergence of a
transnational model of legal systems no longer connected to
territorial borders and culturally specific aspects of single legal
orders. In the following parts of the book, the contributions
analyse some concrete cases of interrelation between law and
society from an empirical and theoretical perspective.
This volume addresses the pluralistic identity of the legal order.
It argues that the mutual reflexivity of the different ways society
perceives law and law perceives society eclipses the unique formal
identity of written law. It advances a distinctive approach to the
plural ways in which legal cultures work in a modern society,
through the metaphor of the mirror. As a mirror of society, it
distinguishes between the structure and function of legal culture
within the legal system, and the external representation of law in
society. This duality is further problematized in relation to the
increasing transnationalisation of law. Based on a multi-level
interpretation of the concept of legal culture, the work is divided
into three parts: the first addresses the mutual reflections of
social and legal norms that support a pluralist representation of
internal legal cultures, the second concentrates on the external
legal cultures that constantly enable pragmatic adjustments of the
legal order to its social environment, and the third concludes the
book with a theoretical discussion of the issues presented.
This collection brings together some of the most influential
sociologists of law to confront the challenges of current
transnational constitutionalism. It shows the constitution
appearing in a new light: no longer as an essential factor of unity
and stabilisation but as a potential defence of pluralism and
innovation. The first part of the book is devoted to the analysis
of the concept of constitution, highlighting the elements that can
contribute from a socio-legal perspective, to clarifying the
principle meanings attributed to the constitution. The study goes
on to analyse some concrete aspects of the functioning of
constitutions in contemporary society. In applying Luhmann's
General Systems Theory to a comparative analysis of the concept of
constitution, the work contributes to a better understanding of
this traditional concept in both its institutionalised and
functional aspects. Defining the constitution's contents and
functions both at the conceptual level and by taking empirical
issues of particular comparative interest into account, this study
will be of importance to scholars and students of sociology of law,
sociology of politics and comparative public law.
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