Suchergebnisse

Frontmatter -- Foreword -- Table of Contents -- The Transformation of Law in the Welfare State -- Legal Culture and the Welfare State -- The Rule of Law and the Promotional Function of Law in the Welfare State -- A Concept of Social Law -- Legal Subjectivity as a Precondition for the Intertwinement of Law and the Welfare State -- The Self-Reproduction of Law and its Limits -- The Rules of the Game in the Welfare State -- The Concept of Rights and the Welfare State -- Legal Discourse in the Positive State: A Post-Structuralist Account -- Law as Medium and Law as Institution -- Materialization and Proceduralization in Modern Law -- Law as Critical Discussion -- Three Types of Legal Structure: The Conditional, the Purposive and the Relational Program -- After Legal Instrumentalism? Strategie Models of Post-Regulatory Law -- Authors' Biographical Sketches -- Name Index -- Subject Index

Intro -- Preface -- I. General Aspects -- Juridification - Concepts, Aspects, Limits, Solutions -- Juridification and Disorder -- Justice, Equality, Judgement: On "Social Justice" -- II. Labor -- Juridification of Labor Relations -- Juridification - A Universal Trend? The British Experience in Labor Law -- Juridification: Labor Relations in Italy -- III. Corporations -- Juridification of Corporate Structures -- Juridification and Legitimation Problems in American Enterprise Law -- Recent Developments in Italian Corporate Law -- IV. Antitrust -- Restrictive Trade Practices and Juridification: A Comparative Law Study -- Antitrust: Alternatives to Delegalization -- V. Social Welfare -- Juridification in the Field of Social Law -- The Juridification of Social Welfare in Britain -- Authors' Biographical Sketches -- Index.

Intro -- Preface -- Introduction to Autopoietic Law -- The Unity of the Legal System -- The Law of Law -- On the Supposed Closure of Normative Systems -- Between Order and Disorder: The Game of Law -- Biological Metaphors in Legal Thought -- The Communicative Autonomy of the Legal System -- The Autonomy of Law: Two Visions Compared -- Changing Paradigms in the Sociology of Law -- Evolution of Autopoietic Law -- Perspectives on a Post-Modern Theory of Law: A Critique of Niklas Luhmann, 'The Unity of the Legal System' -- Accounting for Law -- The Fact of Law -- Closure and Openness: On Reality in the World of Law -- Talking About Autopoiesis - Order from Noise? -- Authors' Biographical Sketches -- Name Index -- Subject Index.

The article rebuts the primacy of economic profit in advanced capitalist societies, and submits that the imperative to extract surplus value governs also the law and other social domains and is not merely a product of economic forces. Not only the economy but also the law and other function systems force each of their operations to generate a specific surplus value – but now explicitly non-monetary – beyond its immediate production of meaning. The object of the surplus orientation is the system's own communication medium – power, truth/reputation, money, and juridical authority. The success of surplus pressures is responsible for the immensely productive forces unleashed in capitalism. However, they demonstrate an excessive ambivalence: immense productivity and its destructive dark side. Similar to the monetary profit pressure in the economy, (auto- and hetero-) destructive tendencies of non-monetary surplus pressures have multiplied in the law and in other areas of life. Political-legal counterstrategies combating the negative side of diverse societal surplus productions could be inspired from Karl Polanyi's famous concept of false commodities and their replacement by non-market institutions.

Among the remarkable results of globalization are economic constitutions, which have emerged independently from the political constitutions of the nation-states. Against ordoliberal as well as critical theorists, who expected a uniform economic world-constitution, a fragmented meta-constitution dealing with massive constitutional conflicts has emerged. Moreover, the conflicting economic constitutions are no longer delineated by the boundaries of nation-states but by different boundaries of various transnational production regimes. The constitutional alternative for the national economies—ordoliberal economic constitution versus social-democratic economic democracy—which had been formulated by the classics of economic constitutionalism, Franz Böhm and Hugo Sinzheimer, has been replaced by the opposition in the Western Hemisphere between neocorporatist production regimes in Northern Europe and the financial-capitalist production regimes of the Anglo-American world.
Against all predictions of their failure, the neocorporatist constitutions of European economies, after the financial crisis, have undergone a reorganization that resulted in their remarkable resilience. Moreover, they have developed a potential for strengthening economic democracy. In particular, public good–oriented corporate codes of conduct, which emerged in large numbers in the sweep of globalization, have contributed considerably to this potential. The codes opened, beyond the protection of workers' rights, a new opportunity for societal actors. The oppositional power of civil society—the media, public debate, spontaneous protest, protest movements, NGOs, labor unions, intellectuals, and the professions—as well as the legal norms created by state intervention exercise such massive pressure on corporations that the latter are compelled to enact binding self-restrictions oriented to the public interest: environmental protection, antidiscrimination, human rights, product quality, consumer protection, data protection, freedom of the internet, and fair trade.