Article | Globalization as a New Middle Ages. From Hierarchy to Circularity: the Network Structure of Global Law |
---|---|
Authors | Varlamova N. |
Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
Issue | 1-2 / 2015 |
Pages | 352 - 368 |
Annotation | The changes which legal regulation undergoes in the conditions of globalization are discussed in this article. The author shows by the number of examples that such regulation «goes» beyond the boundaries of nation-states and takes the transnational forms. In this regard traditional notions of legal order as hierarchically organized system of rules, established (authorized) by the state and provided (if it is necessary) by its compulsion, need to be revised. The state largely loses its monopoly on the establishment and maintenance of the legal order; the global legal universe is growing up, in which, however, different levels and forms of regulation aren’t aligned with. Globalization requires a review of many established theoretical concepts of jurisprudence and traditionally pointed system formations of the law. In particular, blurring out the distinctions between international and national, private and public, soft and hard law takes place. |
Keywords | globalization, legal order, state, international law, internal law. |
References | |
Electronic version | Download |