Managing Complexity within the Unit of the Circular Web of the Global Law System: Representing a 'Communal Spider Web'

THE GLOBAL COMMUNITY - Yearbook of International Law and Jurisprudence (2011) Volume I

7 Pages Posted: 2 Mar 2018

Date Written: 2011

Abstract

The Author represents the global legal system as a web. The image of the “communal spider web”, built by a variety of spider species working together in the same area, seems to be the best for representing the legal system of a complex multi-polar society (namely, the global community). Facing the complexity of the law, therefore, requires a radical change in perspective. It is necessary that legal orders are considered to be constituent of and all inextricably linked together and with the “centre” - the point which contains a fundamental nucleus of global constitutional principles - in a unicum in which they maintain their diversity.

It is up to the lawyer to manage the complexity in the unit of the web of the global law system; he or she must follow a chain of threads that unites the different elements and links them together and with the “centre” - taking into account normative mechanisms and interpretation criteria in a unique and necessary encounter with supreme global constitutional principles. Just like the spider who always returns to the centre in spinning its web.

Keywords: global legal system, global constitutional principles, complexity in global law, common spider

Suggested Citation

Ziccardi Capaldo, Giuliana, Managing Complexity within the Unit of the Circular Web of the Global Law System: Representing a 'Communal Spider Web' (2011). THE GLOBAL COMMUNITY - Yearbook of International Law and Jurisprudence (2011) Volume I . Available at SSRN: https://ssrn.com/abstract=3126780

Giuliana Ziccardi Capaldo (Contact Author)

University of Salerno ( email )

Fisciano (SALERNO), 84084
Italy

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