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Occupy The System! Societal Constitutionalism And Transnational Corporate Accounting, Moritz Renner
Occupy The System! Societal Constitutionalism And Transnational Corporate Accounting, Moritz Renner
Indiana Journal of Global Legal Studies
Today's most pressing constitutional question is posed by a global economic system whose expansive tendencies seem no longer controllable. In addressing this question, the theory of Societal Constitutionalism apparently shifts established ideological coordinates by developing a theory of the self-constitutionalization of social spheres. It seeks to combine the virtues of grassroots democracy with the sophistication of systemic social theory. Thus, its normative claim can be formulated as an oxymoron: "Occupy the System!" The claim is an oxymoron because it points to the apparent impossibility of critical social theory in a functionally differentiated society: How can a functional system such as …
Private Governance Of Knowledge: Societally-Crafted Intellectual Properties Regimes, Dan Wielsch
Private Governance Of Knowledge: Societally-Crafted Intellectual Properties Regimes, Dan Wielsch
Indiana Journal of Global Legal Studies
The evolutionary challenge global society faces is the decentralized development of legal rules that multilaterally protect social autonomies from violating each other. At the national level, democratic constitutions provide for the resolution of conflicts between different normative worlds, although the focus here is certainly on the protection of autonomies from political encroachment. However, political constitutions make sure that legal orders consider a plurality of normative perspectives. In contrast, international lawmaking can exclusively link to a specific social rationality, lacking any impartial forum for normative reconciliation. This is of special importance for the governance of intellectual resources. The incorporation of international …