EmiliosChristodoulidis
The Differentiation and Autonomy of Law
The Differentiation and Autonomy of Law
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The Element examines the principle of modernity, the functional differentiation of society, and the emergence of autonomous, positive law. It explores how market thinking has become the privileged site of societal rationality, and whether we can still rely on the constitutional achievement to guarantee law's autonomy, democratic credentials, and ability to reproduce normative expectations.
Format: Paperback / softback
Length: 75 pages
Publication date: 05 October 2023
Publisher: Cambridge University Press
The Element delves into the core principle of modernity, namely the functional differentiation of society, and the emergence of autonomous, positive law. It examines the intricate architecture of these systems, emphasizing the importance of balance and mutual performance among legal, political, and economic realms. However, the Element raises concerns about the potential risks posed by the hypertrophy of any one system at the expense of the others. In the second section, it explores how market thinking has gained prominence as the privileged site of societal rationality in the context of globalisation. The third section examines the challenges faced by law in maintaining its reflexive intelligence under these conditions and explores whether the constitutional achievements of the past can still guarantee law's autonomy, democratic credentials, and ability to reproduce normative expectations in the present.
The Element delves into the core principle of modernity, namely the functional differentiation of society, and the emergence of autonomous, positive law.
Weight: 128g
Dimension: 151 x 228 x 7 (mm)
ISBN-13: 9781009001311
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