Biblioteca PGR


PP991
Analítico de Periódico



PFERSMANN, Otto
Legal globalisation as a municipal american problem / Otto Pfersmann
Annuario di Diritto Comparato e di Studi Legislativi, v.8 (2017), p.475-498


DIREITO CONSTITUCIONAL / EUA, GLOBALIZAÇÃO / EUA

This paper presents an outline of a theory of differentiated monism against various efforts to propagate legal globalism. It then exemplifies the erroneous path induced by globalism through an analysis of the American problem, i.e. the attempt to resolve the divergence between the legally conservative structure of American constitutional law (constitutional asymmetry) and societal political beliefs through speculative inventions of alternative constitutional worlds. Globalising such problematic strategies could only weaken legal scholarship without solving the political problems the United States are facing.