Knowledge, Power and Law Beyond the State
Postnational Rulemaking Working Paper No. 2016-03
41 Pages Posted: 6 Feb 2016 Last revised: 29 Jul 2022
Date Written: February 5, 2016
This collective paper discusses the many faceted entanglements of knowledge, power and law within, and, even more so, beyond the state. Several eminent scholars in the field offer their view on how the knowledge-power-law nexus should be framed, and what its most salient problems are. In the first chapter, we examine Performativity of Expertise to answer the question why this form of knowledge has so much power over law (Tauschinsky, Christodoulidis, Farrand, and Everson). The second chapter discusses the consequences of De-localisation of Knowledge, ultimately raising the question of the distributive consequences of the governance beyond the state (Bartl, Lixinski, and Muir-Watt). The third chapter deals with the Transformation of Law, and in particular with the question whether the new constellation of power and knowledge beyond the state requires different thinking about the concept and the role of law (Micklitz, Patterson, Gupta, and Kukovec). Some of the contributions build on each other, others are contradictory. Together, however, they represent an intriguing and comprehensive picture of the ongoing debates and practical problems of law and governance beyond the state.
Keywords: transnational law, global governance, postnational constellation, expertise, de-localisation of knowledge, performativity of expertise
JEL Classification: K33
Suggested Citation: Suggested Citation