Normative expectations

We investigate how the intentionality of investors or trustees' actions affects third party compensation and punishment interventions after a trust game. Investors and trustees are randomly assigned to conditions where they either make intentional choices or their choices are made by a random machine. Overall, we find that lack of reciprocity is punished more than lack of trust, and third parties exhibit strong preferences for compensation over punishment. We find that only the punishment choice is affected by the intentionality of parties' actions, whereas compensation occurs in all conditions, whether lack of trust or reciprocity has been intentional or unintentional.

No weakening, but rather an expansion, of statehood can be observed in the contemporary world. This does not, on the other hand, imply that extensive forms of constitutional ordering do not exist outside the realm of states. Instead, the evolution of world society has been characterized by a protracted dual movement where the expansion and densification of statehood and autonomous forms of transnational ordering gradually emerged in a mutually constitutive fashion. One implication of this is that neither the concept of the state nor the concept of nonstate transnational entities is adequately capable of delineating the object of constitutional analysis. Instead, the concept of normative orders has been introduced as an overarching category capable of identifying the contexts within which constitutional ordering emerges.
Subsequently, a distinction between the internal and external dimensions of the law of normative orders has been introduced, specifying them as respectively oriented towards establishing internal condensation of a given normative order and external compatibility between different normative orders. With this background, a framework for the analysis of constitutional frameworks of normative orders is developed. The central element is a distinction among three dimensions: First, a constitution implies a coupling between a constitutional object, in the form of a hierarchical organization of a given normative order capable of reproducing an autonomous source of authority, and a concordant legal framework. Second, constitutionalization implies a coupling between an internal reconstruction of an external constitutional subject within the constitutional object, and the register of legal rights, establishing a framework for exchanges between the constitutional object and the wider world as represented by the constitutional subject. Third, constitutionalism denotes the institutionalization of a double function, in the form of a principle-based and legally fortified striving toward universal inclusion, providing a sense of direction in time through an articulated form of constitutional consciousness.
The insights developed are briefly illustrated by the case of the global Fairtrade Certification System.

We investigate how the intentionality of investors or trustees' actions affects third party compensation and punishment interventions after a trust game. Investors and trustees are randomly assigned to conditions where they either make intentional choices or their choices are made by a random machine. Overall, we find that lack of reciprocity is punished more than lack of trust, and third parties exhibit strong preferences for compensation over punishment. We find that only the punishment choice is affected by the intentionality of parties' actions, whereas compensation occurs in all conditions, whether lack of trust or reciprocity has been intentional or unintentional.

"This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society.
The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner.
In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.

List of Content
1. Introduction: The Metamorphosis of Constitutionalism
Part 1: Structural Transformations
2. The Implosion of the Euro-Centric World
3. The Multiplicity of Normative Orders in World Society
Part 2: Re-configurations of Law and the Political
4. The Law within and in-between Normative Orders
5. The Political within and in-between Normative Orders
Part 3: Constitutional Stabilisation
6. The Breakdown of Constitutional Ordering through Globalisation-induced Crises
7.The Transmutation of Constitutional Ordering
8.Re-calibrating the Constitutional Concept
9. Conclusion

Reviews and Review essays:
- Aldo Mascareño: Revista de Ciencia Política, 36, 2, 587 – 592, 2016.
- Gregory Shaffer: ‘Law, Constitutionalism and World Society: Kjaer, Kratochwil,
and global (dis)order’, International Journal of Constitutional Law, 13, 4, 1063–1077, 2015.
-    Alfons Bora: Zeitschrift für Rechtssoziologie, 35, 1, 152-156, 2015.
- Grahame Thompson: ‘Socializing the Constitution?’, Economy and Society, 44, 3, 480 – 93, 2015.

States remain a central form of ordering but only one among several. In the transnational space, a wide range of autonomous public- and private-norm producing organizations and regimes operates, which is not, or only partly controlled, by states. The consequence is that the contemporary world is characterized by a multiplicity of overlapping normative orders that rely on different organizational principles: for example, some are territorially bound and some are functionally delineated. Governance structures have emerged as the form through which the multiplicity of orders is linked together. They are inter-contextual forms which simultaneously serve as buffer zones and transmission belts between these orders. As such, governance structures can be understood as institutional mechanisms that fulfill the function of ensuring the societal embeddedness of autonomous normative orders in the wider world through increased reflexivity.

The type of law which has emerged in order to structure the governance phenomenon reflects the societal function of governance structures. Transnational law is an “in between worlds” law in the sense that a central aspect of transnational law is the framing of learning processes capable of ensuring mutual adaptability between normative orders. As such transnational law fulfills a different function than nation-state law which in essence remains oriented towards the upholding of already established normative expectations. As governance structures are the no man’s land between normative orders, they possess an intrinsic political quality. They are the battlefields were the delineation of normative orders are established and continuously reaffirmed. Grasping the kind of political processes unfolding within governance structures is however conditioned by the development of a concept of the political which reflects the inter-contextual function of governance structures.

Chapter 9. Formalisation or De-formalisation through Governance? Introduction : 189; The Expansion of Knowledge : 190;  The Evolution of European Science Co-Operation: 191; The European Research Area: 193; The OMC in Research and Development: 195; The Function of the OMC: 197