توجهات الاقتران البنيوي بين القانون و شبكات الحوكمة المعاصرة

الملخص EN

The aim of this article is to provide a perception of the features of the legal phenomenon in the post state area based on the notion of "Embedded Autonomy".

In order to do this, I want to demonstrate the transformations of the normative phenomenon after the globalization waves and the return of the market as a global regulatory regime, and compare the contemporary situation with the comparable circumstances in the end of the 18 century on one hand, and with that of the welfare state on the other hand, in order to conclude with the general frame of the normative production and enforcement in post state area.

We discuss the new orientations of the structural coupling of law with other social systems, which evoke the formalists-substantialists debate about the legal rationality, which can be found in the relation between the "autonomy" and the "law", and which can't assimilate the contemporary developments of social regulation, that can be taken only by a reconstruction of a new perspective of the legal autonomy which can be named by an "embedded autonomy" with a reflexive and procedural rationality