By Issam K. H. Halayqa
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The parallel with other social systems where a mutual control relationship between the formally organised sector and the spontaneous sector which has grown up is clear. Politically, the point would not be, as Lessig et al think, to combat a development to cyber-corporatism, but to stabilise and institutionally guarantee the spontaneous/organised difference as such. The constitution of the internet would distinguish between spontaneous public sectors (similar to the fundamental rights section of the constitution, or to constitutional law of the market) and the highly formalised organised sectors (resembling the law of organisation of the state, or company law), stabilised both in their intrinsic logic, and see its main task as being to build up mutual control by them.
A critique of this 5 See K-H Ladeur, ‘Die rechtswissenschaftliche Methodendiskussion und die Bewältigung des gesellschaftlichen Wandels’, (2000) RabelZ, Vol. 64, at 98–103; and K-H Ladeur, ‘Towards a Legal Theory of Supranationality — The Viability of the Network Concept’, 1997 European Law Journal, Vol. 3, at 33–54. 6 J Reidenberg, ‘Lex Informatica: The Formulation of Information Policy Rules through Technology’, 1998 Texas Law Review, No. 76, at 553–84. 32 Vesting strong version of societal constitutionalism assumes certain fundamental considerations and reflections regarding the modern conception of a constitution which I can only outline here.
58). 64 ME Streit, Theorie der Wirtschaftspolitik (Düsseldorf, Werner, 1991), at 24. Societal Constitutionalism 23 lawful production of legal norms, but, at the same time, also regulate their own production, or, instead, refer to a revolutionary act of violence, a social contract, divine foundation or some other foundation myth. Here, Herbert Hart’s conception has been particularly influential: he defines law by the existence of a constitutional difference between primary norms (the control of conduct) and secondary norms (the production of law).
A Comparative Lexicon of Ugaritic and Canaanite (Alter Orient Und Altes Testament) P. 1 by Issam K. H. Halayqa