Article title Globalization as a New Middle Ages. From Hierarchy to Circularity: the Network Structure of Global Law
Authors
Name of magazine Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
Issue 1-2/2015
Сторінки [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