Michael Blecher: Recht in Bewegung
Paradoxontologie, Recht und Soziale Bewegungen
Law is in paradox movement: it organizes a
continuous battle about normative standards deconstructing the restrictions of
the global social system on democracy, common welfare and justice. This change
of legal standards for political, economic, etc. organization and operation
implies the change of lawÕs own procedural and substantive parameters which
were supposed to immunize the social system against uncontrolled transformations.
In this process, law acts âpoliticallyÔ and in affinity to social movements
which struggle against social immunization beyond systemic borders and are in
continuous self-transformation. The recognition of this affinity and the
reconstruction of Iherings âbattle for lawÔ as âbattle of the movementsÔ are
the necessary requisites for the continuation of postmodern critical legal
thought. The article presents the consequences of this approach for the (re-)
organization of the legal system and for legal education.
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