Constitutionalizing Connectivity: The Constitutional Grid of World Society

21 Pages Posted: 20 Jul 2018

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Date Written: July 2018

Abstract

Global law settings are characterized by a structural pre‐eminence of connectivity norms, a type of norm which differs from coherency or possibility norms. The centrality of connectivity norms emerges from the function of global law, which is to increase the probability of transfers of condensed social components, such as economic capital and products, religious doctrines, and scientific knowledge, from one legally structured context to another within world society. This was the case from colonialism and colonial law to contemporary global supply chains and human rights. Both colonial law and human rights can be understood as serving a constitutionalizing function aimed at stabilizing and facilitating connectivity. This allows for an understanding of colonialism and contemporary global governance as functional, but not as normative, equivalents.

Suggested Citation

Kjaer, Poul F., Constitutionalizing Connectivity: The Constitutional Grid of World Society (July 2018). Journal of Law and Society, Vol. 45, pp. S114-S134, 2018. Available at SSRN: https://ssrn.com/abstract=3216823 or http://dx.doi.org/10.1111/jols.12106

Poul F. Kjaer (Contact Author)

Copenhagen Business School ( email )

Solbjerg Plads 3
Frederiksberg C, DK - 2000
Denmark

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