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 culturalist and neo-Marxist approaches. The timing of this publication is not coincidental. The era of neoliberalism—that is, of structural liberalism, which started in the 1970s and experienced its breakthrough in the 1980s and 1990s after the collapse of structural Marxism—is ending. This makes the question of what will succeed the neoliberal episteme pertinent.
The Law of Political Economy as Transformative Law: A New Approach to the Concept and Function of Law
This article presents the Law of Political Economy approach initially developed between 2014 and 2017 within the European Research Council project ‘Institutional Transformation in European Political Economy – A Socio-Legal Approach’ (ITEPE-312331). As such, the article draws upon and expands insights presented in Kjaer 2020a, Kjaer 2020b, and Kjaer 2020c as well as a range of other publications related to the Law of Political Economy approach. The article thus synthesizes a number of findings and focuses on the overall picture.
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Poul F. Kjaer; The Law of Political Economy as Transformative Law: A New Approach to the Concept and Function of Law. Global Perspectives 1 February 2021; 2 (1): 23669. doi: https://doi.org/10.1525/gp.2021.23669
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