Modern Law as a Secularized and Global Model: Implications for the Sociology of Law
Law and legal forms now flow very rapidly around world society. This is difficult to understand if we take only a realist and "bottom-up" view of the law: local processes would engender internationalization only out of rather slowly evolving interaction and interdependence. But it is easy to understand if we add a more institutionalist view of the lawand the sovereignty of the modern state, with which it is now linkedas constructed out of a common and universalistic world cultural frame. In this paper, we develop such a view, and show its implications. Modern legal systems, worldwide, rest on universalistic and rationalistic cultural assumptions about the natural and moral world outside of society. First, sovereignty is a peculiar claim: it is a claim to autonomous decision power, but under exogenous universal principles and addressed to an exogenous and often universal audience. Second, law, with remarkable uniformity, creates states which are "defined" by and constituted from legally-assumed "societies." Emphasizing the dependence of the authority of modern law on universalistic cultural principles transcending specific societies can help explain distinctive features of modern legal systems: 1) the rapid worldwide diffusion of rather standardized legal principles and arrangements; 2) the ritualistic character of the enactment and implementation of modern law; and 3) the widespread and expansive legal assumption of an integrated and rationalized nature and cosmos. To highlight these implications, we contrast the law with organizational rule-making at the other end of the spectrum: rule-making which is not very closely tied to universal principles tends to have a very different character.
FSI researchers work to understand continuity and change in societies as they confront their problems and opportunities. This includes the implications of