Beyond the State – University of Copenhagen

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16 April 2012

Beyond the State

Poul F. KjaerStates remain a central form of ordering but only one among several. In the transnational space, a wide range of autonomous public- and private-norm producing organizations and regimes operates, which is not, or only partly controlled, by states.

The consequence is that the contemporary world is characterized by many different and overlapping normative orders, all relying on different organizational principles. Governance structures have emerged as the form through which this multiplicity of orders is linked together. In a recent article Poul F. Kjær suggests that these governance structures can be understood as institutional mechanisms that fulfill the function of ensuring the societal embeddedness of autonomous normative orders in the wider world through increased reflexivity. The governance structures are in other words battlefields where the delineation of normative orders are established and continuously reaffirmed, and a new political concept, able to grasp this reflexivity, must following be developed.

Read more in Poul F. Kjaer: La metamorfosis de la síntesis funcional. Una perspectiva europeo-continental sobre governance, derecho y lo político en el espacio trasnacional pp. 153 - 204 in Hugo Cadenas, Aldo Mascareño, Anahi Urquiza (editores): "Niklas Luhmann y el legado universalista de su teoría" (Santiago: RIL Editores 2012).