Law, Policy and Social Control Amidst Flux

Published in: Festskrift till Karsten Åström (Lund: Juristförlaget, 2016) 47-74

30 Pages Posted: 20 Dec 2016 Last revised: 5 May 2018

See all articles by Reza Banakar

Reza Banakar

Lund University - Sociology of Law

Date Written: December 15, 2016

Abstract

This chapter will begin with a brief discussion of early modernity and the rise of the welfare state, before going on to explore how law and legal regulation change as we enter “late modernity”. The notion of “late modernity” – not to be confused with postmodernity – captures how industrially advanced societies evolve, when globalisation, aided by information technology, accelerates rapidly at the end of the twentieth century. Globalisation speeds up the movement of capital, information, goods, services, people, images and ideas across the globe, thus, dislodging social and cultural norms from their context in time and space. It shifts social and cultural boundaries, enhancing “reflexivity” and social disembeddedness of individuals and collectivises, giving rise to pluralities of values, norms and laws, on the one hand, and to uncertainties, anxieties and “ontological insecurities,” on the other. Enhanced reflexivity – the constant awareness of existing alternative choices, moral standards and modes of action brought on by the consequences of globalisation – offers new possibilities as the agency increasingly frees itself from the normative constraints of institutions. Fuelled by a ubiquitous culture of consumerism and facilitated by digital technology, this heightened reflexivity helps to advance hyper-individualism across society, emphasising individual rights divorced from their corresponding responsibilities and concerns with collective “social good”. This, in turn, destabilises social relations and structures which previously gave a sense of cohesion, permanence and continuity to modernity. What does hold society together and what is the role of law and regulation under the liquid conditions of late modernity? These are among the questions that will guide us through this chapter.

Keywords: law, regulation, globalisation, late modernity, industrialisation, materiality, digitalisation, consemurism

JEL Classification: L49, N3, F6, K2

Suggested Citation

Banakar, Reza, Law, Policy and Social Control Amidst Flux (December 15, 2016). Published in: Festskrift till Karsten Åström (Lund: Juristförlaget, 2016) 47-74, Available at SSRN: https://ssrn.com/abstract=2885893

Reza Banakar (Contact Author)

Lund University - Sociology of Law ( email )

Lund
Sweden
0046 + 46 222 8753 (Phone)

HOME PAGE: https://www.soclaw.lu.se/en/reza-banakar

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