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The Law of Political Economy: An Introduction

In The Law of Political Economy: Transformation in the Function of Law. Cambridge: Cambridge University Press. pp. 1- 30 (2020)

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  1. What is Transformative Law?Poul F. Kjaer - 2022 - European Law Open 1 (4):760 - 780.
    In the western context, law has two functions. It upholds normative expectations and it transforms social phenomena. The latter is expressed through the form-giving function of law as law designates particular social phenomena as, for example, economic, political or religious. Inside such overarching categories, further subcategories can moreover be observed. In relation to economic processes, the legal institutions of competition, contract, corporation and property are, for example, classical examples of the form-giving function of law. The dual function of law is (...)
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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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