Abstract

http://ssrn.com/abstract=1789190
 


 



Inter-Systemic Harmonization and its Challenges for the Legal-State


Larry Catá Backer


Pennsylvania State University - Dickinson School of Law

March 17, 2011

THE LAW OF THE FUTURE AND THE FUTURE OF THE LAW, Sam Muller, Stavros Zouridis, Laura Kistemaker and Morly Frishman, eds., Torkel Opsahi Academic Editor, 2011
The Pennsylvania State University Legal Studies Research Paper No. 13-2011

Abstract:     
Harmonization is currently proceeding along different lines that reflect ambiguous and multi-vector interactions between traditional and emerging governance actors and that suggest the context in which the future of legal systems, however understood, will be determined. This think piece first considers the foundations. The great 19th century project of horizontal harmonization, centered on states and their domestic law systems. The 20th century project of vertical harmonization focused on legal internationalization, from which the edifices of supra-national institutions and public transnational law evolve. It then turns to the current challenge of inter-systemic harmonization. Founded on governance polycentricity, of the mechanics of law beyond the domestic legal orders of states, of the rise of private law with public functions, and of public entities as private actors, it is changing the landscape of law. The greatest challenge for law is to avoid becoming irrelevant where corporations use contracts to govern their supply chains, states become private market actors, and private enterprises regulate markets by assessment and rating.

Number of Pages in PDF File: 10

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Date posted: March 23, 2011 ; Last revised: June 5, 2011

Suggested Citation

Backer, Larry Catá, Inter-Systemic Harmonization and its Challenges for the Legal-State (March 17, 2011). THE LAW OF THE FUTURE AND THE FUTURE OF THE LAW, Sam Muller, Stavros Zouridis, Laura Kistemaker and Morly Frishman, eds., Torkel Opsahi Academic Editor, 2011; The Pennsylvania State University Legal Studies Research Paper No. 13-2011. Available at SSRN: http://ssrn.com/abstract=1789190

Contact Information

Larry Catá Backer (Contact Author)
Pennsylvania State University - Dickinson School of Law ( email )
University Park
239 Lewis Katz Building
University Park, PA 16802-1913
United States
814-863-3640 (Phone)
814-863-7274 (Fax)
HOME PAGE: http://backerinlaw.com
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