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
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