El concepto de ley desde el derecho global

Abstract

This paper contains a theoretical inquiry into the possibility of transferring the concept of statute to the global legal sphere. The first sections offer some general reflections on the formation of so-called “global law,” on the concept of statute that has crystallized in Spanish law, and on the influence of the interaction between legal systems on the conception of law and on the crisis of statute. The core of the paper seeks to identify the set of legal instruments that, in history and comparative law, have been classified as statute—in order to understand the perimeter or scope of this concept—as well as the set of characteristics, properties, or defining features of statute—in order to identify what philosophers of language refer to as the intension of the concept. This analysis leads to the conclusion that there is no concept of statute in global law and that it is not advisable to transfer the use of this term to the global sphere, unless we want to accentuate the crisis of statute or accept a return to the legal forms and guarantees of the medieval era.