The third generation of critical theorists affiliated with the Frankfurt School has now established legal theory as a central field of research, also with significant contributions from scholars whose primary training is in other fields. Postmodern legal theory will have to face up to the challenges of legal practice and broaden its reflections to take into account forms of lawmaking beyond the political community conceived in unitary terms. Only by integrating this possibility of transcendence will postmodern legal theory be able to carry forward the tradition of the first generation of critical theory with regard also to its demand for the realization of the ideal of emancipation and justice. The proletarian general strike, by contrast, is an expression of sovereign violence and, as such, breaks the cycle of violence, of calculation and counter-calculation, of success, concession, compromise, struggle, and so on.
The vain search for legal unity in the fragmentation of global
Andreas Fischer-Lescano and Gunther Teubner
Global legal pluralism is not simply a result of political pluralism, but is
instead the expression of deep contradictions between colliding sectors of a
global society. It has its origins in contradictions between society-wide
institutionalised rationalities, which law cannot solve, but which demand a
new legal approach to colliding norms. This chapter develops the thesis with
three arguments. (1) The fragmentation of global law is more radical than
any single reductionist perspective can comprehend. (2) Any aspirations to a
normative unity of global law are thus doomed from the outset. A meta-level
at which conflicts might be solved is wholly elusive both in global law and
in global society. (3) Legal fragmentation cannot itself be combated. At
best, a weak normative compatibility of the fragments might be achieved.
However, this is dependent upon the ability of conflict law to establish a
specific network logic, which can effect a loose coupling of colliding