By William E. Scheuerman
Frankfurt institution views on Globalization, Democracy, and the legislation uses the paintings of first-generation Frankfurt tuition theorist Franz L. Neumann, together with his recognized successor, J?rgen Habermas, to attempt to appreciate the momentous political and criminal changes generated by way of globalization. This quantity demonstrates that the Frankfurt college culture speaks on to a few urgent political and social issues, together with globalization, the reform of the welfare country, and the environmental difficulty. regardless of frequent claims on the contrary, the felony substructure of financial globalization has a tendency to clash with conventional versions of the "rule of law." Neumann’s prediction that modern capitalism might decreasingly depend upon generality, readability, exposure, and balance within the legislation is supported via a shocking number of empirical proof. Habermas’s contemporary paintings is then interrogated which will pursue the query of the way we'd counteract the deleterious traits correctly anticipated by means of Neumann. How may possibly democracy and the guideline of legislations flourish within the context of globalization? The publication is meant for students and complicated scholars in political technological know-how, sociology, philosophy and cultural reviews.
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Additional resources for Frankfurt School Perspectives on Globalization, Democracy, and the Law (Routledge Studies in Social and Political Thought)
Sample text
In exchange, we would have gained an inferior alternative in which the economic mammoths that already roam the globe gain unmediated legal and political authority to match their awesome economic resources. Why not take a step further and grant voting powers in the United Nations to British Air or General Motors? International Banking and Banking Finance and banking not only constitutes the most intensely globalized sector of the world economy, but its legal infrastructure is surprisingly informal, ad hoc, and relatively private as well.
42 Even though it would be manifestly absurd to equate fascist dictatorship with globalization, it might be useful to apply elements of Neumann’s analysis to contemporary legal development. Economic globalization rests on a variety of distinct (technological, political, as well as immanently economic) sources. Nonetheless, it is striking that one of its more striking facets consists of the attempt to release key forms of legal decision-making authority (international arbitration, for example, or the WTO) from the direct oversight of the regulatory and welfare states that came to determine the contours of nationally based polities in significant segments of the developed world in the postwar era.
The widely accepted view that capitalism presupposes a substantial amount of legal predictability may be overstated in an era in which the ongoing “compression of space and time” provides economic actors with the ability to conduct economic transactions at a lightning pace. LAW IN A GLOBAL AGE Let me begin by defining two central concepts. First, I follow intellectual convention by defining the rule of law as requiring that state action rests on legal norms (a) general in character, (b) relatively clear, (c) public, (d) prospective, and (e) stable.