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Poul F. Kjaer
Copenhagen Business School
  1. Critical Theories of Crisis in Europe: From Weimar to the Euro.Poul F. Kjaer & Niklas Olsen (eds.) - 2016 - Rowman & Littlefield International.
    What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, order (...)
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  2. Systems in Context: On the Outcome of the Habermas/Luhmann Debate.Poul F. Kjaer - 2006 - Ancilla Iuris 1:66-77.
    Usually regarded as a 1970s phenomenon, this article demonstrates that the debate between Jürgen Habermas and Niklas Luhmann continued until Luhmann’s death in 1998, and that the development of the two theorists’ positions during the 1980s and 1990s was characterised by convergence rather than by divergence. In the realm of legal theory, the article suggests, convergence advanced to the extent that Habermas’ discourse theory may be characterised as a normative superstructure to Luhmann’s descriptive theory of society. It is further shown (...)
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  3.  27
    Claim-Making and Parallel Universes: The Legal Pluralism of Church, State and Empire in Europe.Poul F. Kjaer - 2018 - In Gareth Davies & Matej Avbelj (eds.), Research Handbook on Legal Pluralism and EU Law. Cheltenham: Edward Elgar. pp. 11 - 21.
    When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the (...)
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  4.  17
    From the Private to the Public to the Private? Historicizing the Evolution of Public and Private Authority.Poul F. Kjaer - 2018 - Indiana Journal of Global Legal Studies 25 (1):13 - 36.
    A central assumption in much contemporary scholarship is that a central shift has taken place over the course of the last four decades: a shift from a world largely centered on public authority to a world that is increasingly dominated by private authority. The central expression of this shift is seen to be a concurring move from public to private law and thus from legislation to contract as the central legal instrument structuring economic as well as other social processes. While (...)
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  5.  8
    Constitutionalizing Connectivity: The Constitutional Grid of World Society.Poul F. Kjaer - 2018 - Journal of Law and Society 45 (S1):114-34.
    Global law settings are characterized by a structural pre-eminence of connectivity norms, a type of norm which differs from coherency or possibility norms. The centrality of connectivity norms emerges from the function of global law, which is to increase the probability of transfers of condensed social components, such as economic capital and products, religious doctrines, and scientific knowledge, from one legally structured context to another within world society. This was the case from colonialism and colonial law to contemporary global supply (...)
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  6.  5
    Regulatory Governance: Rules, Resistance and Responsibility.Poul F. Kjaer & Antje Vetterlein - 2018 - Contemporary Politics 24 (5).
    Regulatory governance frameworks have become essential building blocks of world society. From supply chains to the regimes surrounding international organizations, extensive governance frameworks have emerged which structure and channel a variety of social exchanges, including economic, political, legal and cultural, on a global scale. Against this background, this special issue sets out to explore the multifaceted meaning, potential and impact as well as the social praxis of regulatory governance. Under the notions rules, resistance and responsibility the special issue pins out (...)
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  7.  14
    The Status of Authority in the Globalizing Economy: Beyond the Public/Private Distinction.Eva Hartmann & Poul F. Kjaer - 2018 - Indiana Journal of Global Legal Studies 25 (1):3 - 11.
    Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to use (...)
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  8.  31
    Claim-Making and Parallel Universes: Legal Pluralism From Church and Empire to Statehood and the European Union.Poul F. Kjaer - forthcoming - In Research Handbook on Legal Pluralism and EU Law. Cheltenham: Edward Elgar. pp. Chapter 2.
    When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the (...)
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  9.  37
    Special Issue: ‘The State of Authority in the Globalizing Economy: Beyond the Public/Private Distinction’. Edited by Eva Hartmann and Poul F. Kjaer.Eva Hartmann & Poul F. Kjaer (eds.) - 2018 - Bloomington, USA: Indiana University Press.
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