After Governance?

Vallejo, Rodrigo

doi:10.1017/9781108675635.013

Cited by 1 publication

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“…The easiest, and perhaps only way to define 'the public' in legal terms will, therefore, be that the public 'is' where administrative law and related legal fields apply. As expressed in the concepts of 'global administrative law' 67 and 'private administrative law' 68 such law is moreover present and observable in a multitude of settings throughout world society. The consequence of this optic is that Google Inc., for example, should not simply be observed as an organisation with a one-dimensional obligation to produce shareholder value.…”

Section: Law As Reflexivity-initiationmentioning

confidence: 99%

What is transformative law?

Kjaer

2022

European Law Open

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In the western context, law has two functions. It upholds normative expectations and it transforms social phenomena. The latter is expressed through the form-giving function of law, as law designates particular social phenomena, such as, for example, economic, political or religious. Inside such overarching categories, further subcategories can moreover be observed. In relation to economic processes, the legal institutions of competition, contract, corporation and property are, for example, classical examples of the form-giving function of law. The dual function of law is briefly illustrated through a genealogy of imaginaries of law distinguishing between four historically dominant types of law: ‘Law as purpose’; ‘law as a tool’; ‘law as an obstacle’; and ‘law as reflexivity-initiation’. On this background, ten core dimensions of what might become a new episteme of transformative law are fleshed out with the aim of answering the question to what extent it can act as an alternative to the previous four types of law.

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Section: Law As Reflexivity-initiationmentioning

confidence: 99%

What is transformative law?

Kjaer

2022

European Law Open

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After Governance?

Cited by 1 publication

References 0 publications

What is transformative law?

What is transformative law?

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