Bulletin n. 1/2017 | ||
June 2017 | ||
Matej Avbelj |
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Transnational law between modernity and post-modernity | ||
in Transnational Legal Theory , volume 7, issue 3 , 2016 , 406-428 | ||
Law is both an agent of change, and the object of social change. This article examines the interplay between these two positions specifically with a view to the emergence of transnational law as an outcome of the transition from modernity to post-modernity. The article proceeds to analyse the position of the law as agens of the post-modern social condition in five steps. After the introduction, the article first outlines the features of modernity and contrasts them, secondly, with those of post-modernity. This general discussion is then, thirdly, contextualised in the field of law, whereby the concept of modern law is fleshed out. The terrain is then, fourthly, set for a detailed map of transnational law, which reveals that the legal landscape has been changed dramatically in the last few decades. The modern law has been giving way to post-modern law. The article concludes by describing and explaining how this process has been unfolding amidst a complex subjective-objective relationship between modernity, post-modernity and transnational law. | ||