In the last few decades, the West has been deeply transformed by globalisation; global markets have been replacing national economies and states have been losing their legislative and executive powers. The global economy is imposing its own standards, such as the so-called Brazilianisation of the West, consisting of labour changes inspired by typical Brazilian features (low wages, flexibility and insecurity). In such a context, a question arises: how is the legal system changing? Sociology of law has indicated legal transformations in terms of soft law, such as lex mercatoria, codes of conduct, etc. This informal system seems to constitute a legal kaleidoscope where global and local players are involved, rather than an effective legal system. From this perspective, globalisation can also be considered the legal premise of governance, based on the participation of social parties to policy and law-making processes. The aim of this article is to focus on legal transformations in times of globalisation, stressing the governance approach as a legal kaleidoscope capable of managing social inequalities, different distributions of power and knowledge and the other perverse effects determined by globalisation.
Governance in Times of Globalisation: the Kaleidoscope of the Legal System / Scamardella, Francesca. - In: OÑATI SOCIO-LEGAL SERIES. - ISSN 2079-5971. - 6:3(2016), pp. 816-836.
Governance in Times of Globalisation: the Kaleidoscope of the Legal System
SCAMARDELLA, FRANCESCA
2016
Abstract
In the last few decades, the West has been deeply transformed by globalisation; global markets have been replacing national economies and states have been losing their legislative and executive powers. The global economy is imposing its own standards, such as the so-called Brazilianisation of the West, consisting of labour changes inspired by typical Brazilian features (low wages, flexibility and insecurity). In such a context, a question arises: how is the legal system changing? Sociology of law has indicated legal transformations in terms of soft law, such as lex mercatoria, codes of conduct, etc. This informal system seems to constitute a legal kaleidoscope where global and local players are involved, rather than an effective legal system. From this perspective, globalisation can also be considered the legal premise of governance, based on the participation of social parties to policy and law-making processes. The aim of this article is to focus on legal transformations in times of globalisation, stressing the governance approach as a legal kaleidoscope capable of managing social inequalities, different distributions of power and knowledge and the other perverse effects determined by globalisation.File | Dimensione | Formato | |
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