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E. Collisions of organisational principles of society: biopiracy 1. Functional differentiation v. 47 Partial primarily based on the legal order referred to, thus does not represent a true synthesis of the rules of the colliding legal systems. 44 For a similar approach for collision of rules in a European multi-layer context, see Amstutz, above n. ; Christian Joerges, ‘The Impact of European Integration on Private Law: Reductionist Perceptions, True Conflicts and a New Constitutional Perspective’ (1997) 3 European Law Journal 378; Christian Joerges and Christine Godt, ‘Free Trade: The Erosion of National, and the Birth of Transnational Governance’ (2005) 13 European Review 93.
24 Cf. Berman, above n. 20, 1179. 25 For the relationship between law and morality, see Luhmann, above n. 10, 78f. 26 Cf. ), Münchener Kommentar zum Bürgerlichen Gesetzbuch, Band 1: Allgemeiner Teil, 1. Halbband: §§ 1–240, ProstG (C. H. Beck, 5th edn, 2006) § 157 Rn. 16. 27 Michaels, above n. 20. 28 For the priority of legal rules over social rules see BGHZ 10, 228 (232), to § 138 para. 1 BGB. ), Münchener Kommentar zum Bürgerlichen Gesetzbuch, Band 1: Allgemeiner Teil, 1. Halbband: §§ 1–240, ProstG (C.
19. 49 Cf. ), Die Vielfalt und Einheit der Moderne: Kultur- und strukturvergleichende Analysen (VS Verlag für Sozialwissenschaften, 2006) 239. Two kinds of legal pluralism 41 way. If these modern institutions, that are specialised in one function each, meet with diffuse structures in segmented or stratified societies, they have no choice but to tear traditional knowledge generation out of its context in which it has been embedded and transform it into their own metabolisms. 50 Monocontextural ‘self-contained’ regimes utilise ‘integrated’ traditional cultural connections for their specialised goals by detaching them from the reproductional connection on which traditional knowledge relies for its further development.