Constitutionalizing Connectivity: The Constitutional Grid of World Society. (18th July 2018)

• Record Type: Journal Article
• Authors: Kjaer, Poul F.
• Is Part Of: Journal of law and society. Volume 45(2018)Supplement 1
• Page Start: S114
• Page End: S134
• Publication Date: 2018-07-18
• Subjects: Sociological jurisprudence -- Periodicals; 340
• DOI: 10.1111/jols.12106
• Languages: English
• ISSNs: 0263-323X

Abstract

Abstract : Global law settings are characterized by a structural pre‐eminence of connectivity norms, a type of norm which differs from coherency or possibility norms. The centrality of connectivity norms emerges from the function of global law, which is to increase the probability of transfers of condensed social components, such as economic capital and products, religious doctrines, and scientific knowledge, from one legally structured context to another within world society. This was the case from colonialism and colonial law to contemporary global supply chains and human rights. Both colonial law and human rights can be understood as serving a constitutionalizing function aimed at stabilizing and facilitating connectivity. This allows for an understanding of colonialism and contemporary global governance as functional, but not as normative, equivalents.