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

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Abstract

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.
Original languageEnglish
JournalRetfærd: Nordisk Juridisk Tidsskrift
Volume40
Issue number1/156
Pages (from-to)24-45
Number of pages22
ISSN0105-1121
Publication statusPublished - 2017

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