Bullettin n. 1/2011
June 2011
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Clune William H.
    Legal Disintegration and a Theory of the State
    in German Law Journal , Vol. 12, n. 1 ,  2011 ,  186-205
    This paper describes a topology of legal thought and the social conditions (the larger social construction of reality) of which that topology, that thought, is a component. Part I is a description of the structure of legal thought; Part II of the social conditions (a theory of the state, or political economy). The Conclusion considers the place of traditional legal practice on a new landscape. I experience legal thought, roughly speaking, as a progression from the first year of law school, with its emphasis on common law and legal method, through the second and third year courses on statutory law and regulation of the economy, to later experiences of sociology of law, policy analysis, and critical thought. Consequently, in its entirety, legal thought could be represented by the curriculum and scholarship of any large, sophisticated modern law school, like my own. But legal thought is both larger than the academy (drawing on countless authoritative legal acts: cases, statutes, debates, etc.) and different than legal practice (whose relationship to legal thought is unclear). In general, I propose that legal thought is composed of a core and periphery and that the whole structure roughly corresponds to the dichotomous and fragmented political economy of the modern democratic welfare state. Thus, the movement of this paper is from legal phenomenology (the experience of legal thought) to a corresponding kind of cultural organization, called political economy. Full text available at: http://www.germanlawjournal.com/pdfs/Vol12-No1/PDF_Vol_12_No_01_186-205_Articles_Clune.pdf
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