Modern societies are characterized by a progressive transformation in
their temporal fabric which can be understood as a consistent trend towards
dynamization and social acceleration (Rosa 2013). This trend implies that there
is not just an ongoing technological acceleration in the speed of transport,
communication and the production of goods and services, but also a progressive
decrease in the stability of social arrangements and practices; that is, a
change in the rates of change themselves. In other words, the social,
technological and economic world transforms itself at an ever increasing pace.
If one accepts this as a defining feature of modernity and hence as an adequate
description of modern society, the interesting question for the role of law in
this process arises almost as an enigma. On the one hand, law is supposed to
ensure stability and calculability in a dynamic world. So this would mean that
the rule of law is a prerequisite and even a safeguard for the dynamism of the
socioeconomic world, but is not itself accelerated in the process. On the other
hand, of course, laws need to be adapted to changing needs, values and environments,
so lawmaking itself has becoming a perennial task in the modern world. And
furthermore, of course, law itself can be the source of considerable social
dynamics, as every historian can tell from the introduction of welfare,
educational or gender legislation. In this contribution, I will try to sort out
the role and function of law in the process of social acceleration in a
systematic fashion. In the first step, I will briefly sketch out the logics and
workings of social acceleration as a consequence of modernity’s core principle:
dynamic stabilization, and I will point out how this leads to escalatory
processes of speed-up, increase and innovation. In the second step, I will
scrutinize the argument that law can be understood as a functional and indispensable
‘stabilizer’, even a decelerator, in the acceleration-game. However, not all
aspects or spheres of social life can be dynamized to the same extent and at
the same speed. This systematically raises the danger of desynchronization, for
example, between the speed of market developments and the pace of democratic
decision-making. Therefore, as I will try to point out in the third step, law
serves a vital function in ‘re-synchronizing’ the pace of social life. This
explains why law-making and applying, in some cases, actually is a tool to
accelerate or dynamize certain social spheres or populations. Nevertheless,
there is something like a natural speed-limit for law to be capable to fulfill
this function. Beyond it, the rule of law itself is in danger of becoming
anachronistic, of being too slow for the pace of social dynamics and hence of
being eroded by the escalatory tides of acceleration. It might well be that
late-modern societies are approaching this state of affairs quickly. It might
mean, however, that the system of dynamic stabilization and social acceleration
is finally undermining itself. This will be the topic of my concluding remarks
in the fourth part of this paper.
No comments:
Post a Comment