ABSTRACT
The exercise of questioning the function of law in new governance structures implies the adoption of a wide definition of what counts as law. Governance depends on decisions relevant to who is governed, who participates in governing, and how power is dispersed amongst governing bodies. This chapter adopts a wide definition of both the notions of state and legal orders, to examine the processes whereby a legal proposal is made and a legal measure is implemented, as these stages acquire considerable importance in new governance structures. Law's Practical Wisdom critically examines some of the assumptions underlying the understanding of the function of new modes of legal ordering and governance. Compromise provides the theoretical tools to move away from the notions of consensus and bargaining. Compromise as a category of praxis is socially constructed, as it emerges in a state of interdependence with strong ties.
