Dystopian legalities: A reply to Nico Krisch. (25th May 2022)

• Record Type: Journal Article
• Authors: Klabbers, Jan
• Is Part Of: International journal of constitutional law. Volume 20:Number 1(2022)
• Page Start: 507
• Page End: 513
• Publication Date: 2022-05-25
• Subjects: Constitutional law -- Periodicals; 342.005
• DOI: 10.1093/icon/moac015
• Languages: English
• ISSNs: 1474-2640

Abstract

Abstract: As its title indicates, this is a reply of sorts to recent work by Nico Krisch, published in this issue. The notion of entangled legalities, I argue, shows considerable analytical promise, much like the notion of inter-legality as developed by my colleague Gianluigi Palombella and myself a few years ago. Both may help us understand how large chunks of contemporary law works. Where Krisch's approach departs from ours is in his background assumptions and his chosen actorial perspective: his interest resides mainly with the regulator. In this reply, I zoom in on some of the consequences this may have.