The Law of Market Society: A Sociology of International Economic Law and Beyond

Forskningsoutput: TidskriftsbidragArtikelVetenskapligPeer review

Sammanfattning

International economic law is dominated by ‘international law’ and ‘economic law’ perspectives. Socio-legal perspectives do gain ground at the margins of the field, but a sociology of international economic law, which addresses not only the subject matter but also the disciplinary dynamics of the field, has so far been missing. Drawing on Polanyi’s The Great Transformation and recent work in the economic sociology of law, this article puts the ‘law of market society’ centre stage in developing a genuine sociology of international economic law. This includes a sociology of law and economics, which exposes how the discipline (power structure) of international economic law is articulated with the discipline (knowledge structure) of law and economics.
The law of market society includes all types of law that constitute or regulate the market, be it public or private law, national, international or even transnational law. Taking off from Polanyian ideas, law is conceived as a social institution ‘embedding’ the economy, but also as a ‘fictitious commodity’ which is itself subject to market forces. The tension between law’s commodifying and decommodifying functions, which these concepts illuminate, is reflected in legal discourse. Moreover, it seems to drive ‘law’s great transformation’ from its universalist origins in the nineteenth century to its national closings in the twentieth century, and to its transnational openings in the twenty-first century. In this sense, the law of market society follows itself a ‘double movement’.
Originalspråkengelska
TidskriftFinnish yearbook of international law
Volym23
Sidor (från-till)173-237
Antal sidor65
ISSN0786-6453
StatusPublicerad - 2016
MoE-publikationstypA1 Tidskriftsartikel-refererad

Vetenskapsgrenar

  • 513 Juridik
  • 5141 Sociologi

Citera det här