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: Hardback
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 their interconnectedness and the need for balance and mutual performance. However, the Element raises concerns about the potential risks posed by the hypertrophy of any one system at the expense of the others. It explores the emergence of market thinking as a privileged site of societal rationality in the context of globalization. In the third section, the Element examines the challenges faced by law in maintaining its reflexive intelligence under globalizing conditions and explores whether the constitutional achievements of the past can still guarantee law's autonomy, democratic credentials, and ability to reproduce normative expectations.
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 their interconnectedness and the need for balance and mutual performance. However, the Element raises concerns about the potential risks posed by the hypertrophy of any one system at the expense of the others. It explores the emergence of market thinking as a privileged site of societal rationality in the context of globalization.In the third section, the Element examines the challenges faced by law in maintaining its reflexive intelligence under globalizing conditions and explores whether the constitutional achievements of the past can still guarantee law's autonomy, democratic credentials, and ability to reproduce normative expectations.
Weight: 264g
Dimension: 160 x 236 x 11 (mm)
ISBN-13: 9781009454391
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