登入選單
返回Google圖書搜尋
The Differentiation and Autonomy of Law
Emilios Christodoulidis
出版Cambridge University Press, 2023-10-05
主題Philosophy / GeneralLaw / Jurisprudence
ISBN10090087149781009008716
URLhttp://books.google.com.hk/books?id=bEn8EAAAQBAJ&hl=&source=gbs_api
EBookSAMPLE
註釋This Element looks first at the fundamental principle of modernity that is the functional differentiation of society, and the emergence of autonomous, positive law. The careful architecture of differentiation, balance, and mutual performance between the legal, political and economic systems is jeopardised with the hypertrophy of any one of the structurally coupled systems at the expense of the others. The pathologies are described in the second section of the Element. It explores how, under conditions of globalisation, market thinking came to hoist itself to the position of privileged site of societal rationality. In the third section we look at what sustains law's own 'reflexive intelligence' under conditions of globalisation, and whether we can still rely today on the constitutional achievement to guarantee law's autonomy, its democratic credentials and its ability to reproduce normative expectations today.