Transnational law between modernity and post-modernity. (2nd July 2016)

• Record Type: Journal Article
• Authors: Avbelj, Matej
• Is Part Of: Transnational legal theory. Volume 7:Number 3(2016)
• Page Start: 406
• Page End: 428
• Publication Date: 2016-07-02
• Subjects: Modernity -- post-modernity -- transnational law -- dual role of the law; International law -- Periodicals; Comparative law -- Periodicals; Conflict of laws -- Periodicals; Jurisprudence -- Periodicals; 341
• DOI: 10.1080/20414005.2016.1275559
• Languages: English
• ISSNs: 2041-4013

Abstract

ABSTRACT: Law is both an agent of change, and the object of social change. This article examines the interplay between these two positions specifically with a view to the emergence of transnational law as an outcome of the transition from modernity to post-modernity. The article proceeds to analyse the position of the law as agens of the post-modern social condition in five steps. After the introduction, the article first outlines the features of modernity and contrasts them, secondly, with those of post-modernity. This general discussion is then, thirdly, contextualised in the field of law, whereby the concept of modern law is fleshed out. The terrain is then, fourthly, set for a detailed map of transnational law, which reveals that the legal landscape has been changed dramatically in the last few decades. The modern law has been giving way to post-modern law. The article concludes by describing and explaining how this process has been unfolding amidst a complex subjective-objective relationship between modernity, post-modernity and transnational law.