Cover image for The financial crisis in constitutional perspective the dark side of functional differentiation
The financial crisis in constitutional perspective the dark side of functional differentiation
Title:
The financial crisis in constitutional perspective the dark side of functional differentiation
Author:
Kjaer, Poul F.
Publication Information:
Oxford ; Portland, Or. : Hart Pub., 2011.
Physical Description:
xx, 444 p.
Series:
International studies in the theory of private law ; v. 9

International studies in the theory of private law ; 9.
Contents:
Constitutional moment? The logics of 'hitting the bottom' / Towards a general theory of function system crises / Financial market crisis : a case of network failure? / Death by complexity : the financial crisis and the crisis of law in world society / Political epidemiology and the financial crisis / Return of crisis / Culture form of crisis / What is a crisis? / Eroding boundaries : on financial crisis and an evolutionary concept of regulatory reform / Failure of regulatory institutions : a conceptual framework / Struggles for law : global social rights as an alternative t financial market capitalism / Ethics of the financial crisis / Future of the state / Law and order within and beyond national configurations
Abstract:
"This volume presents the first thorough sociologically-informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis and contextualises these within the general structural transformations characterising contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society. Although the question of individual responsibility is of crucial importance, the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understanding. Potentially the 2008 crisis, therefore, has far-reaching constitutional implications"--Provided by publisher.
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