Dirasat: Sh ari’a and Law Sciences

From 2005 to 2019

ISSN 1026-3748

The Developments of Legal Theory in the Context of the Nation-State Conceptual Transformation

Abstract | الملخص

The aim of this research is to provide a perception of a legal theory in the context of the nation-state conceptual transformation, which responds to the political, economic and social transformations, and provide the major principles of legal regulation beyond the nation-state. To achieve this goal, we adopt a constructivist approach in order to reconstruct a legal theory after the brutal shock waves on the foundations of traditional state-centered theory of law, as well as post-structural and post-modern perspectives that emphasize the inseparable relationship between the subject and the object under the project of knowledge production. The importance of the study come from the necessity of the understanding of legal arrangements that characterize contemporary society, and provide the necessary conditions to modeling a pragmatic legal theory that reflect the reality of contemporary governance. as well as the renewal of the research agenda in the field of law by linking it to other sciences, in order to open new horizons of legal studies and their relationship to economic and social environment. The study conclude that the globalization and privatization was one of the most important factors in the deconstruction of statist legal system, and the perception of legal regulation phenomenon according to these conditions require a detecting of the transformations of the law from a statist to societal approaches, in order to find out the resulting legal arrangements that characterize non-state law, and reconstruct the general framework of legal regulation process that ensure the current structure of governance in society.

Authors | المؤلفون

Murad bin Saeed

Keywords | الكلمات الدالة

Legal Rationality, Nation-State, Legal System, State-Centred Legal Theory, Society-Centred Legal Theory, Autonomy of Law, Justice.

References | المراجع