The Law of Market Society : A Sociology of International Economic Law and Beyond

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dc.contributor University of Helsinki, Faculty of Law en Frerichs, Sabine 2017-08-09T09:15:00Z 2017-08-09T09:15:00Z 2016
dc.identifier.citation Frerichs , S 2016 , ' The Law of Market Society : A Sociology of International Economic Law and Beyond ' , Finnish yearbook of international law , vol. 23 , pp. 173-237 . en
dc.identifier.issn 0786-6453
dc.identifier.other PURE: 40360465
dc.identifier.other PURE UUID: 8bd2dc76-a902-4f3c-aae2-99840e7436b6
dc.description.abstract International economic law is dominated by ‘international law’ and ‘economic law’ perspectives. Socio-legal perspectives do gain ground at the margins of the field, but a sociology of international economic law, which addresses not only the subject matter but also the disciplinary dynamics of the field, has so far been missing. Drawing on Polanyi’s The Great Transformation and recent work in the economic sociology of law, this article puts the ‘law of market society’ centre stage in developing a genuine sociology of international economic law. This includes a sociology of law and economics, which exposes how the discipline (power structure) of international economic law is articulated with the discipline (knowledge structure) of law and economics. The law of market society includes all types of law that constitute or regulate the market, be it public or private law, national, international or even transnational law. Taking off from Polanyian ideas, law is conceived as a social institution ‘embedding’ the economy, but also as a ‘fictitious commodity’ which is itself subject to market forces. The tension between law’s commodifying and decommodifying functions, which these concepts illuminate, is reflected in legal discourse. Moreover, it seems to drive ‘law’s great transformation’ from its universalist origins in the nineteenth century to its national closings in the twentieth century, and to its transnational openings in the twenty-first century. In this sense, the law of market society follows itself a ‘double movement’. en
dc.format.extent 65
dc.language.iso eng
dc.relation.ispartof Finnish yearbook of international law
dc.rights en
dc.subject 513 Law en
dc.subject sociology of law en
dc.subject international economic law en
dc.subject transnational law en
dc.subject 5141 Sociology en
dc.subject economic sociology en
dc.subject Polanyi en
dc.subject cognitive embeddedness en
dc.subject fictitious commodities en
dc.title The Law of Market Society : A Sociology of International Economic Law and Beyond en
dc.type Article
dc.description.version Peer reviewed
dc.type.uri info:eu-repo/semantics/other
dc.type.uri info:eu-repo/semantics/acceptedVersion

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