LAW AND TRANSNATIONALITY

CHALENGES OF THE COMTEMPORARY SOCIETY

Abstract

This paper aims for a brief exposition of the theme of Transnationality and its legal implications in our contemporary society, showing a historical path to modern Constitutionalism, which brought the consecration of the fundamental rights. This work also explores the phenomenon of legal pluralism and the social and political responses caused by the migration and subsequent formation of racial and cultural minorities. The concepts of Liberalism and Democracy are explained, discussing their inter-relationships and their adoption by the thinkers and philosophers of the Modern Age, demonstrating their convergent points and how, after the advent of Communism, liberalism changed itself into a theory in field of Economics. It is argued, moreover, the fact that Democracy and, with it, labor and social rights, are currently suffering severe and harmful influence by large economic groups and the Transnational Economy, which dominates the small business and expands itself, becoming hegemonic and employing large part of the labor market, exerting political and economical pressure in the inverse direction of the social achievements, and thus of the welfare state. Lastly, the discussion flows to the social impact that Globalization, with its inherent expansion of communications and technologies, and the transnational nature of large economic groups have on the underdeveloped Sovereign States.