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Global Law as Intercontextuality and as Interlegality

In The Challenge of Inter-legality. Cambridge, UK: pp. 302-318 (2019)

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  1. Five Variations of Transformative Law: Beyond Private and Public Interests.Poul F. Kjaer - 2023 - Erasmus Law Review 16 (2):1 - 7.
    The regulation of the interfaces of private and public interests is a central and recurrent issue of modern law. The centrality of the distinction and the manifold conceptual and practical problems associated with it has moreover been exacerbated over the past fifty years through the dominance of the twin-episteme of law constituted by law and economics and human rights law. Against this background, an alternative approach to and concept of law, transformative law, is briefly introduced. An approach which implies replacing (...)
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  • The Law of Political Economy as Transformative Law: A New Approach to the Concept and Function of Law.Poul F. Kjaer - 2021 - Global Perspectives 2 (1):1 - 17.
    This article outlines a new approach to the law of political economy as a form of transformative law, a new approach that combines a focus on the function of law with a concept of law encapsulating the triangular dialectics between the form-giving prestation of law, the material substance the law is oriented against, and the transcendence of legal forms—that is, the rendering of compatibility between forms. Transformative law thereby serves as an alternative to both law and economics and recently emerging (...)
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