Constitutionalizing Connectivity: The Constitutional Grid of World Society

Research output: Contribution to journalJournal articleResearchpeer-review

Abstract

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.
LanguageEnglish
JournalJournal of Law and Society
Volume45
Issue numberS1
PagesS114-S134
Number of pages21
ISSN0263-323X
DOIs
StatePublished - 2018

Cite this

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

In: Journal of Law and Society, Vol. 45, No. S1, 2018, p. S114-S134.

Research output: Contribution to journalJournal articleResearchpeer-review

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