Constitucionalizando a Conectividade: A Articulação Constitucional da Sociedade Mundial

Translated title of the contribution: Constitutionalizing Connectivity: The Constitutional Grid of World Society

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Abstract

Global law settings are characterized by a structural pre-eminence of connectivity norms, a type of norm which differs from coherency or possibility norms. The centrality of connectivity norms emerges from the function of global law, which is to increase the probability of transfers of condensed social components, such as economic capital and products, religious doctrines, and scientific knowledge, from one legally structured context to another within world society. This was the case from colonialism and colonial law to contemporary global supply chains and human rights. Both colonial law and human rights can be understood as serving a constitutionalizing function aimed at stabilizing and facilitating connectivity. This allows for an understanding of colonialism and contemporary global governance as functional, but not as normative, equivalents.
Translated title of the contributionConstitutionalizing Connectivity: The Constitutional Grid of World Society
Original languagePortuguese
JournalPassagens: Revista Internacional de História Política e Cultura Jurídica
Volume12
Issue number2
Pages (from-to)243-270
Number of pages28
ISSN1984-2503
DOIs
Publication statusPublished - 2020

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