The Emergence of Governance and the Function of Law

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    Abstract

    Within the context of evolutionary governance theory (Van Assche et al. (Evolutionary governance theory: an introduction. Springer, 2014)), this contribution develops a particularly coevolutionary view of governance by understanding governance frameworks as forms of transfer. World society consists of multiple types of normative orders. It is within this structural setup that a governance phenomenon has emerged as the form through which expectations between different normative orders are stabilized. In addition, governance institutions serve as the central channels through which transfers between such orders are made possible. They structure the transposition of condensed social components such as economic products and capital, political decisions, legal judgments, scientific knowledge, and religious acts of salvation from one order to another, thereby allowing coevolution to unfold. In this context, law and legal instruments gain a central role since legal formalization is the central element that enables successful transfers to take place.
    Original languageEnglish
    Title of host publicationEvolutionary Governance Theory : Theory and Applications
    EditorsRaoul Beunen, Kristof Van Assche, Martijn Duineveld
    Number of pages11
    Place of PublicationCham
    PublisherSpringer Science+Business Media
    Publication date2015
    Pages107-117
    Chapter7
    ISBN (Print)9783319122731
    ISBN (Electronic)9783319122748
    DOIs
    Publication statusPublished - 2015

    Cite this

    Kjær, P. F. (2015). The Emergence of Governance and the Function of Law. In R. Beunen, K. Van Assche, & M. Duineveld (Eds.), Evolutionary Governance Theory : Theory and Applications (pp. 107-117). Springer Science+Business Media. https://doi.org/10.1007/978-3-319-12274-8_7