Reflexive Law Behind the Globalization: A New Perspective

Abstract

A sociological research always comes from a curiosity. In my case the curiosity is generated by the reading of the book by Beck ("Brave New World of the Work") and by the attempt to connect this title with two equal expressions used by Shakespeare's main character (Princess Miranda in "The Tempest") and by Huxley (Brave New World"). In every of these three literary moments, the humanity, impersonated by prince Prospero. Huxley uses it in an ironic sense to criticize the utopian society of the future, built around the motto of "Community, Stability, Identity". Beck uses to underline the negative outcomes provoked by the global capitalism and by the desire of "more profit" of a small capitalistic elite.

The application of these new labour standards are transforming global labour world in a Brave New World, euphemistically meant. In the framework of globalization characterized by the debate between soft and hard forms of law too, my proposal is in the sense of finding a "third way" for the labour law and for law in general. A possible solution comes from the theoretical approach of reflexive law. Finally, the question will be: "Would reflexive law bring back the meaning of 'Brave New World' expression from Huxley and Beck's negative view to its origin meaning in Shakespeare's play?".