The Beauteous Majesty of Consensual Law: The Role of Norms in the Danish Variety of Capitalism

TY - JOUR

T1 - The Beauteous Majesty of Consensual Law

T2 - The Role of Norms in the Danish Variety of Capitalism

AU - Afsah, Ebrahim

PY - 2017

Y1 - 2017

N2 - This article explores Danish political and legal culture from the vantage point of the varieties of capitalism literature which maintains that a small, open economy cannot hope to influence the framework of the externally imposed conditions of the global market, but needs to adjust through a variety of domestic economic, social and economic policies. An activist and expansive welfare state with strong emphasis on education, information-sharing and an efficient public sector seeks hereby to avoid the costs of adjustment threatening social cohesion and political stability. The resulting constitutional identity is thus marked by a pronounced sense of vulnerability to external economic shocks, necessitating a concerted effort to maintain an efficient and competitive private and public sector productive enough to pay for the high welfare levels that are deemed politically necessary for social stability. A distinct ideology of social partnership, and extreme degrees of trust in public institutions have consequently led to a highly cooperative legal culture marked by pragmatism, collaboration and consensus.

AB - This article explores Danish political and legal culture from the vantage point of the varieties of capitalism literature which maintains that a small, open economy cannot hope to influence the framework of the externally imposed conditions of the global market, but needs to adjust through a variety of domestic economic, social and economic policies. An activist and expansive welfare state with strong emphasis on education, information-sharing and an efficient public sector seeks hereby to avoid the costs of adjustment threatening social cohesion and political stability. The resulting constitutional identity is thus marked by a pronounced sense of vulnerability to external economic shocks, necessitating a concerted effort to maintain an efficient and competitive private and public sector productive enough to pay for the high welfare levels that are deemed politically necessary for social stability. A distinct ideology of social partnership, and extreme degrees of trust in public institutions have consequently led to a highly cooperative legal culture marked by pragmatism, collaboration and consensus.

M3 - Journal article

SN - 0105-1121

VL - 40

SP - 24

EP - 45

JO - Retfærd: Nordisk Juridisk Tidsskrift

JF - Retfærd: Nordisk Juridisk Tidsskrift

IS - 1/156

ER -