Facilitating Transfers: Regulatory Governance Frameworks as 'Rites of Passage'

Contemporary Politics, 24, 5, 2018

24 Pages Posted: 10 May 2018

Date Written: April 1, 2018

Abstract

Departing from the paradox that globalisation has implied an increase, rather than a decrease, in contextual diversity, this paper re-assesses the function, normative purpose and location of Regulatory Governance Frameworks in world society. Drawing on insights from sociology of law and world society studies, the argument advanced is that Regulatory Governance Frameworks are oriented towards facilitating transfers of condensed social components, such as economic capital and products, legal acts, political decisions and scientific knowledge, from one legally-constituted normative order, i.e., contextual setting, to another. Against this background, it is suggested that Regulatory Governance Frameworks can be understood as schemes which act as “rites of passage” aimed at providing legal stabilisation to social processes characterised by liminality, i.e ambiguity, hybridity and in-betweenness.

Keywords: Globalisation, Regulatory Governance, Transfer, Global Law, World Society, Rites of Passage, International Law, Transnational Law

Suggested Citation

Kjaer, Poul F., Facilitating Transfers: Regulatory Governance Frameworks as 'Rites of Passage' (April 1, 2018). Contemporary Politics, 24, 5, 2018 . Available at SSRN: https://ssrn.com/abstract=3154099

Poul F. Kjaer (Contact Author)

Copenhagen Business School ( email )

Solbjerg Plads 3
Frederiksberg C, DK - 2000
Denmark

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