State Regulation and Non-state Law
Edited by Hanneke van Schooten and Jonathan Verschuuren
Chapter 5: Can There be Law Without the State? The Ehrlich–Kelsen Debate Revisited in a Globalizing Setting
Bart van Klink 1. GLOBAL BUKOWINA VS BRAVE NEW WORLD In his provocative essay ‘Global Bukowina: Legal Pluralism in the World Society’, Gunther Teubner (1996) returns to what he considers to be one of the ﬁrst heralds of legal pluralism: Eugen Ehrlich (1862–1922). According to Teubner (1996, p. 3), Ehrlich’s vision of ‘Global Bukowina’ consisted of a civil society globalizing its legal orders and thereby distancing itself from ‘the political power complex in the Brave New World’s Vienna’. In prophetic terms Teubner (1996, p. 3) announces: ‘Although Eugen Ehrlich’s theory turned out to be wrong for the national law of Austria, I believe that it will turn out to be right, both empirically and normatively, for the newly emerging global law.’ Empirically, Ehrlich is deemed to be right because ‘the political–military–moral complex’ – formerly known as the state, I suppose – will increasingly lose ‘the power to control the multiple centrifugal tendencies of a civil world society’. Normatively, Ehrlich is claimed to be right because his theory, by relocating rule-making activities to local contexts, complies with the ideal of democracy. However, Teubner (1996, p. 7) distances himself from (what he sees as) Ehrlich’s ‘romanticizing’ of ‘the law-creating role of customs, habits and practices in small-scale rural communities’. The concept of ‘living law’ will in the current globalization process still have signiﬁcance, albeit a ‘diﬀerent and quite dramatic’ one which is based on ‘cold technical processes’ instead of ‘warm communal bonds’. Although I am not sure whether Ehrlich’s...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.