Managing Complexity Whithin the Unit of the Circular Web of The Global Law System: Representing a 'Communal Spider Web'

Global Community Yearbook of International Law & Jurisprudence, Forthcoming

Posted: 25 Sep 2012 Last revised: 7 Oct 2012

Date Written: September 25, 2012

Abstract

The Author represents the global legal system as a web. The image of the “communal spider web”, built by a variety of spider species working together in the same area, seems to be the best for representing the legal system of a complex multi-polar society (namely, the global community). Facing the complexity of the law, therefore, requires a radical change in perspective. It is necessary that legal orders are considered to be constituent of and all inextricably linked together and with the “centre” - the point which contains a fundamental nucleus of global constitutional principles - in a unicum in which they maintain their diversity.

It is up to the lawyer to manage the complexity in the unit of the web of the global law system; he or she must follow a chain of threads that unites the different elements and links them together and with the “centre” - taking into account normative mechanisms and interpretation criteria in a unique and necessary encounter with supreme global constitutional principles. Just like the spider who always returns to the centre in spinning its web.

Keywords: Global legal system

Suggested Citation

Ziccardi Capaldo, Giuliana, Managing Complexity Whithin the Unit of the Circular Web of The Global Law System: Representing a 'Communal Spider Web' (September 25, 2012). Global Community Yearbook of International Law & Jurisprudence, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2151989

Giuliana Ziccardi Capaldo (Contact Author)

University of Salerno ( email )

Via Giovanni Paolo II, 132
Fisciano, Salerno 84084
Italy

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