Challenging traditional perceptions of legal institutions, this book argues that rather than solely organizing responsibility, the law often deflects it, fostering a sense of irresponsibility. By examining the practices, concepts, and categories within legal frameworks, the author reveals how these elements contribute to a broader understanding of accountability, prompting readers to reconsider the role of law in society.
Recognized for its significant contributions to legal theory, this award-winning work delves into complex legal concepts and their implications. It presents a thought-provoking analysis that challenges traditional views and encourages readers to rethink the foundations of legal systems. Through rigorous argumentation and innovative perspectives, the author explores the intersection of law, ethics, and society, making it a vital read for scholars and practitioners in the field.
This Element describes the fundamental principle of modernity that is the functional differentiation of society, how, under conditions of globalisation, market thinking came to hoist itself to the position of privileged site of societal rationality, what sustains law's own 'reflexive intelligence' under conditions of globalization.
The book provides a critical analysis of the meaning and role of obligations in law by setting them in their social, political, and economic contexts.