Constitutionalizing Connectivity: The Constitutional Grid of World Society

23 Pages Posted: 29 Aug 2018

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Date Written: July 20, 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.

Keywords: human rights, globalization, world society, constitutionalization, supply chains, colonialism, imperialism, private law, socio-legal studies

Suggested Citation

Kjaer, Poul F., Constitutionalizing Connectivity: The Constitutional Grid of World Society (July 20, 2018). Available at SSRN: https://ssrn.com/abstract=3235480 or http://dx.doi.org/10.2139/ssrn.3235480

Poul F. Kjaer (Contact Author)

Copenhagen Business School ( email )

Solbjerg Plads 3
Frederiksberg C, DK - 2000
Denmark

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