Refeudalization and Law: From the Rule of Law to Ties of Allegiance

Abstract

A significant body of social science research is now working with the concept of refeudalization—as well as related terms such as neo-feudalism and neo-medievalism—to analyze a variety of contemporary developments. The social science scholars who use these terms challenge an oversimplified modernization model that regards power relations such as serfdom, vassalage, suzerainty, and fiefdom as merely historical relics. The refeudalization process has significant legal dimensions, which this review outlines to draw out the central implications of the concept of refeudalization for an adequate understanding of current developments in law, society, and politics. Topics covered include the changing relationship between public and private law; the privatization of public authority and responsibilities; the territorial unbundling of sovereignty and the tendency toward multiple, overlapping authorities and jurisdictions; the contractualization of groups and political units as well as individuals; and the changing relationship between sovereignty and political representation.