| In the context of globalization not only economics, but also social and political sciences have become interested in functional equivalents to the states' international and national law. These equivalents are usually addressed under the buzzword "global governance", ever more often they are also termed as "regimes" or "private/hybrid governance regimes". Among the relevant theoretical approaches "Law and Social Norms", which is a strand of Law and Economics emphasizing the equivalence of law and other forms of social self-regulation, enjoys a special popularity. It is a very powerful tool for analyzing and comparing the emergence of "order without law" (Ellickson). From the perspective of jurisprudence, however, it is essential to draw a distinction between law and non-legal means of regulation. And neither "Law and Social Norms" nor any of the above named theories provide for such a distinction. The paper evaluates what systems theory can contribute to this question from an analytical as well as from a normative point of view. In the context of globalization and the emergence of a world society, is there a trend away from legal to other forms of regulation? Is the dominant role of law in Continental Europe just an "evolutionary anomaly", as Niklas Luhmann predicted in 1970? Or is law subject to a fundamental transformation in being disconnected from national politics, but still surviving in new hybrid forms, like Gunther Teubner suggests? |
Calliess, Gralf-Peter
Renner, Moritz
2010
Hart Publishing, Oxford (i.E.)
in: Peer Zumbansen und Oren Perez (Hrsg.), Law after Luhmann: Critical Refections on Nilas Luhmann´s Contribution to Legal Doctrine and Theory
Weitere Informationen
Externer Link 
|
