Gegentendenzen zur Verrechtlichung

Voigt, Rüdiger

doi:10.1007/978-3-663-01697-7_1

Cited by 23 publications

(4 citation statements)

References 14 publications

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“…When, for example, Rainer Erd in Germany (1977, 1983cp. Moritz, 1980 andRonge, 1983) or Karl Klare in the United States (1978States ( , 1982 claim that the practical legal doctrine of the labour movement undermines that movement's capacities for promoting the interests of the working class, let alone serving as a force for progressive social change, their analyses, rich as they are in detailed treatment of recent events and legal judgements, follow along the lines which Neumann took up in the mid-thirtie~.~ And when Gunther Teubner (1982) or Ruediger Voigt (1980Voigt ( , 1983, in contrast, explore the possibilities of a 'reflexive jurisprudence' to provide for multiple self-governing constitutions within the framework provided by a democratic state, in place of the opaque administrative arbitrage found ever more oppressive and ineffective by critics of all political persuasions, their thinking is reminiscent of Sinzheimer -and susceptible to the criticism of being 'institutionalist'.…”

Section: Work Community and Workers' Organization : A Central Problementioning

confidence: 98%

Works community and workers' organization: a central problem in Weimar labour law

Kettler¹

1984

Economy and Society

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Section: Work Community and Workers' Organization : A Central Problementioning

confidence: 98%

Works community and workers' organization: a central problem in Weimar labour law

Kettler¹

1984

Economy and Society

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“…178 ordering that lawyers and social theorists in North America were concerned with 179 , was somewhat echoed by the critique of 'instrumental' and 'regulatory' law in an overly zealous welfare state apparatus in Western Europe. 180 On both sides of the Atlantic, the responses to the financially and normatively exhausted welfare state 181 soon split into progressive 182 and conservative 183 camps. This context is worth bearing in mind when assessing today's academic and political proposals in the wake of the financial crisis.…”

Section: A Law As Non-lawmentioning

confidence: 99%

Transnational Legal Pluralism

Zumbansen¹

2010

Transnational Legal Theory

110

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This paper draws out the analogies and connections between long-standing legal sociological insights into pluralistic legal orders and present concerns with the fragmentation of law outside of the nation state. Within the nation-state, the discovery of legal pluralism inspired a larger contestation of concepts of legal formalism, of the alleged unity of the legal order and of the hierarchy of norms against the background of a consistently advancing process of constitutionalization. This research heightened regulators' sensitivity to blind spots and exclusionary dynamics in the design of rights, leading inter alia to wide-ranging efforts to render more effective access to justice, legal aid and legal representation. Another important consequence concerned an increased awareness of different levels and sites of norm-creation in various societal areas. Much of this is mirrored by today's quest for a just, democratic and equitable global legal order, for example in the debate about 'fragmentation of international law' or 'global administrative law'. But, while the legal pluralism debate largely unfolded in the context (and contestation) of relatively mature legal orders and institutions, such institutional frameworks and safeguards are largely absent on the international plane. As a result, the emergence of numerous norm-setting agencies, specialized courts and tribunals and regulatory networks are perceived as obstacles or impediments to the creation of a sound legal order on a global scale, rather than as inherent traits of an evolving legal order.In order to grasp the increasingly transterritorial nature of regulatory governance it is necessary to revisit the arguments in support of legal pluralism and, in particular, the legal pluralist critique of the association of law with the state. On that basis, it becomes possible to read the currently dominant narrative of the 'end of law' in an era of globalisation in a different light. Rather than describing the advent of globalisation as an end-point of legal development, the transnational perspective seeks to deconstruct the various law-state associations by understanding the evolution of law in relation and response to the development of 'world society'. The currently lamented lack of democratic accountability, say, in international economic governance, can then be perceived as a further consequence in a highly differentiated and de-territorialized society. The paper thus rejects the attempts by lawyers to re-align transnational governance actors with traditional concepts of the state or of civil society and, instead, contrasts them with various advances in sociology and anthropology with regard to the evolution of 'social norms' and 'spaces' of governance and regulation. These perspectives effectively challenge present attempts to conceptualize a hierarchically structured global legal order. This article's proposed concept of 'transnational legal pluralism' [TLP] goes beyond Philip Jessup's 1956 idea of 'transnational law', through which he sought to both...

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“…13 Truhel had opened the discussion of the broader context as follows: 'While the derivation of the purely bureaucratic element from the life-and-operations space of the communal official indicates that a changed society seeks new forms of state rule, the derivation of the purely social from the life-and-operations space of the (female) social worker can reach the substance of the social transformation underlying the crisis of the state and bureaucracy' (1934: 88). 14 Two excellent overviews of the debate in the 1980s are Voigt (1980) and Kübler et al (1985). The introduction of co-participatory or neo-corporatist elements as a balance against juridification, which Truhel notes, is also a feature of the discussion 50 years later.…”

Section: Käthe Truhel In the Mannheim 'Group'mentioning

confidence: 99%

Women and the state: Käthe Truhel and the idea of a social bureaucracy

Kettler

2007

History of the Human Sciences

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Käthe Truhel’s 1934 doctoral dissertation, prepared under the supervision of Karl Mannheim, repays detailed examination for a number of reasons. First, it serves as an important counter-example to commonplace generalities about the alleged incapacity of women social workers of Truhel’s generation, supposedly enmeshed in ideological myths about ‘motherliness’, to reflect on their power relations to a male-dominated society and state. Second, it offers an intrinsically interesting and subtle analysis of the emerging bargaining structure for negotiations between bureaucrats and social workers in the context of late Weimar, understood as a site of the crisis of modernity. Third, it illustrates the quality and range of empirical work fostered by Mannheim during his brief tenure in Frankfurt.

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Gegentendenzen zur Verrechtlichung

Cited by 23 publications

References 14 publications

Works community and workers' organization: a central problem in Weimar labour law

Works community and workers' organization: a central problem in Weimar labour law

Transnational Legal Pluralism

Women and the state: Käthe Truhel and the idea of a social bureaucracy

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