The King's many bodies: the self-deconstruction of law's hierarchy

  • The article connects two strands of the recent sociolegal debate: (1) the empirical discovery of new forms of spontaneous law in die Course of globalization, and (2) the emergence of deconstructive theories of law that undermine the law's hierarchy. The article puts forward the thesis that law's hierarchy has successfully resisted all old and new attempts at its deconstruction; it breaks, however, under the pressures of globalization that produced a global law without the state, as self-created law of global society that has no institutionalized support whatsoever in international poliucs and public international law. Consequently, the article criticizes deconstructive theories for their lack of autological analysis. These theories do not take into account the historical condicions of deconstruction. Accordingly, deconstructive analysis of law would have to look for new legal distinctions that are plausible under the new condicions of a doubly fragmented global society. The article sketches the contours of an emerging polycontextural law.

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Author:Gunther TeubnerORCiDGND
Parent Title (German):Law and Society Review
Document Type:Article
Date of Publication (online):2006/05/19
Year of first Publication:1997
Publishing Institution:Universit├Ątsbibliothek Johann Christian Senckenberg
Release Date:2006/05/19
First Page:763
Last Page:787
Source:Law and Society Review 31(4).1997, S. 763-787
Institutes:Rechtswissenschaft / Rechtswissenschaft
Dewey Decimal Classification:3 Sozialwissenschaften / 34 Recht / 340 Recht
Licence (German):License LogoDeutsches Urheberrecht