세계화에 따른 법문화의 변화와 법개혁의 과제

Abstract

Legitimation of law in a nation state is being threatened by globalization. This article suggests anthropology of law and legal pluralism as the foundation of legal legitimation in the era of globalization, and insists that they are internally linked to the discourse theory of Jürgen Habermas. This theory will be helpful to understand globalization and legal culture more appropriately and to expect legal policy in the era of globalization. As a result, this article suggests the concept of ‘inter-legality’(Interlegalität), and insists that law in the era of globalization can be justified through the procedure of world citizen's discourse that orients to reaching under- standing. This will change globalization of law into universal development of law, and will check the legal policy that inclines to neo-liberalism.