Verfassung ohne Staat

On the basis of systems theory, Gunther Teubner has developed a sociologically informed theory of law and constitutionalism that does not rest on the sovereign state, but on the functionally differentiated society. From this point of view, law and constitutionalism can also emerge without a state: in transnational political processes on the one hand and in the ‘private’ spheres of world society on the other. The search for unity and hierarchy in the law may be futile under these circumstances. As Teubner suggests, however, collisions between the various constitutional fragments may be addressed by a new kind of conflicts law that follows the model of private international law.
With contributions by
Ino Augsberg, Anna Beckers, Gralf-Peter Calliess, Pasquale Femia, Karl-Heinz Ladeur, Andreas Maurer, Riccardo Prandini, Ralf Seinecke, Thomas Vesting, Lars Viellechner