Constitutionalizing Connectivity: The Constitutional Grid of World Society

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

Resumé

Global law settings are characterized by a structural pre-eminence ofconnectivity norms, a type of norm which differs from coherency orpossibility norms. The centrality of connectivity norms emerges fromthe function of global law, which is to increase the probability oftransfers of condensed social components, such as economic capitaland products, religious doctrines, and scientific knowledge, from onelegally structured context to another within world society. This was thecase from colonialism and colonial law to contemporary global supplychains and human rights. Both colonial law and human rights can beunderstood as serving a constitutionalizing function aimed at stabiliz-ing and facilitating connectivity. This allows for an understanding ofcolonialism and contemporary global governance as functional, butnot as normative, equivalents.
Global law settings are characterized by a structural pre-eminence ofconnectivity norms, a type of norm which differs from coherency orpossibility norms. The centrality of connectivity norms emerges fromthe function of global law, which is to increase the probability oftransfers of condensed social components, such as economic capitaland products, religious doctrines, and scientific knowledge, from onelegally structured context to another within world society. This was thecase from colonialism and colonial law to contemporary global supplychains and human rights. Both colonial law and human rights can beunderstood as serving a constitutionalizing function aimed at stabiliz-ing and facilitating connectivity. This allows for an understanding ofcolonialism and contemporary global governance as functional, butnot as normative, equivalents.
SprogEngelsk
TidsskriftJournal of Law and Society
Vol/bind45
Udgave nummerS1
SiderS114-S134
Antal sider21
ISSN0263-323X
DOI
StatusUdgivet - 2018

Citer dette

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Constitutionalizing Connectivity : The Constitutional Grid of World Society. / Kjær, Poul F.

I: Journal of Law and Society, Bind 45, Nr. S1, 2018, s. S114-S134.

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

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