Constitutionalizing Connectivity: The Constitutional Grid of World Society

Authors

  • Poul F. Kjaer - Traduzido por Ana Carolina Paranhos de Campos Ribeiro Copenhagen Business School, Frederiksberg, Dinamarca https://orcid.org/0000-0002-8027-3601

DOI:

https://doi.org/10.15175/1984-2503-202012205

Keywords:

Global law, connectivity norms, colonial law, human rights

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.

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Published

2020-05-31

How to Cite

Kjaer - Traduzido por Ana Carolina Paranhos de Campos Ribeiro, P. F. (2020). Constitutionalizing Connectivity: The Constitutional Grid of World Society. Passages: International Review of Political History and Legal Culture, 12(2), 243-270. https://doi.org/10.15175/1984-2503-202012205