Law and Regulation for the 21st Century
New Horizons in Environmental and Energy Law series
Law and governance
Chapter 3 indicated that law presupposes governance and vice versa; the two are interdependent and inseparably intertwined. This chapter further elaborates on the relationship between law and governance with specific reference to the broader social function of law as the predominant but not the only social institution in society (others are, for example, politics, economics and religion). The latter discussion specifically focuses on the constitutive, regulative, steering and legitimizing functions of law in society. While Chapter 2 has briefly referred to the changing face of law as a result of globalization, this chapter also more comprehensively discusses the increased plurality or hybridization of law in the global governance paradigm. This part of the discussion emphasizes that law (in tandem with governance) is increasingly assuming a more diverse or plural character and that, like governance, law is no longer exclusively connected to the state and the formal, ‘hard’ forms of law generated by state actors. Notably, as a consequence of globalization, many ‘softer’, informal and private rules, guidelines and principles are generated and used by a wide range of non-state actors to form a global body of law that collectively serves as the legal base of the global governance effort. To the extent that it is influenced by globalization, governance itself necessitates a manifestly different approach to law:
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