법의 세계화에 대한 민주주의적 통제

Abstract

The meaning of ‘the globalization of law’ is not clear but being formed. No theory but action might determine what it means. In this article, first ‘the globalization of law’ means that global law increases more and more in law. This inchoate global law is being developed by economic subsystems and in relative insulated from politics. The globalization of law is isolated from politic responsibility and democratic control. In the ongoing globalization of a capitalist economy, capitalists prefer soft law to formal law. But formal law has the virtues(generality, clarity, publicity, prospectiveness and stability in rules). This virtues are necessary if we are to tame arbitrary power and prevent tyranny. Therefore the vague types of deformalised law in global law is need to be reformalised. In addition, the participatory democracy with a citizens' campaign, a popular movement and social democracy have coped with globalization or it of law, but they are limited. Pure democracy is necessary and important. The democratic control over the globalization of law must put weight on pure democracy: direct communicative action with people.