The Law of Political Economy as Transformative Law: A New Approach to the Concept and Function of Law

Poul F. Kjaer: The Law of Political Economy as Transformative Law: A New Approach to the Concept and Function of Law, Global Perspectives, 2, 1, 1 – 17, 2021. https://doi.org/10.1525/gp.2021.23669

46 Pages Posted: 24 May 2021

Date Written: May 19, 2021

Abstract

This article outlines a new approach to the law of political economy as a form of transformative law, a new approach that combines a focus on the function of law with a concept of law encapsulating the triangular dialectics between the form-giving prestation of law, the material substance the law is oriented against, and the transcendence of legal forms—that is, the rendering of compatibility between forms. Transformative law thereby serves as an alternative to both law and economics and recently emerging culturalist and neo-Marxist approaches. The timing of this publication is not coincidental. The era of neoliberalism—that is, of structural liberalism, which started in the 1970s and experienced its breakthrough in the 1980s and 1990s after the collapse of structural Marxism—is ending. This makes the question of what will succeed the neoliberal episteme pertinent.

Keywords: political economy, function of law, concept of law, law of political economy, transformative law

Suggested Citation

Kjaer, Poul F., The Law of Political Economy as Transformative Law: A New Approach to the Concept and Function of Law (May 19, 2021). Poul F. Kjaer: The Law of Political Economy as Transformative Law: A New Approach to the Concept and Function of Law, Global Perspectives, 2, 1, 1 – 17, 2021. https://doi.org/10.1525/gp.2021.23669 , Available at SSRN: https://ssrn.com/abstract=3850639

Poul F. Kjaer (Contact Author)

Copenhagen Business School ( email )

Solbjerg Plads 3
Frederiksberg C, DK - 2000
Denmark

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