In the blind spot
The hybridisation of contracting
in Critical theory and legal autopoiesis
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This chapter takes as its starting point the transformation of the contract in modern times – in other words, its hybridisation. As the binding force of the contract disappears in the ‘in-between’ of the contextures, what are the consequences of this fragmentation? Can we still discern some operational, structural or systemic ‘unity’ of the contract that can be a suitable substitute for the exchange between two people? Social differentiation splits the formerly unitary contract into three autonomous concatenations of events in the respective legal, economic and production contexts. This difference is always reproduced as an insurmountable hermeneutic dissonance.

Critical theory and legal autopoiesis

The case for societal constitutionalism

Editor: Diana Göbel



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