Bulletin n. 2-3/2012
October 2012-February 2013
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
    • Marc Amstutz
    The Opium of Democracy: A Comment on Florian Rödl’s Theory of Democratic Juridification Without Statisation
    in Transnational Legal Theory , vol. 2, issue 2 ,  2011 ,  214-225
    Two axiomatic assumptions underlie Rödl's conception of law in the globalised world. The first posits globalisation as consisting solely of the spatial movements of individuals, which he terms 'societal boundary-crossing'. The second is an implicit acceptance of Kant's notion of democracy as the sole source of legitimate law. This view is based on an image of world society, according to which it is possible to simply extrapolate the function of national legal systems—the stabilisation of normative expectations—to world society. The present comment, by contrast, argues that the nature of global society renders this model obsolete. The non-territorial nature of that emerging society has given rise to communication networks in which cognitive, rather than normative, expectations are primarily determinant. In this situation, the legitimation of law can no longer be sought in democratic institutions, but only in 'custom and usage', as a recognised means for stabilising cognitive expectations.
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