ABSTRACT

This chapter explains how the judicial development in the Kadi case bears on people’s modern concept of law. It outlines the modern concept of law. The chapter argues that this concept of law has been caught in a positivist/non-positivist dichotomy that should, however, be overcome. Instead the modern law should be conceived of in an integrated way. The chapter examines the impact of the Kadi case on the thus defined modern concept of law. It juxtaposes competing theoretical approaches aimed at responding to the challenges posed by the Kadi case so as to preserve the essence of the modern concept of law. The internal disharmony between the form and the substance in the modern concept of law, caused by plurality of legal orders, as exemplified by the Kadi case, can be thus solved through the theoretical model of pluralism. Pluralism helps the modern concept of law to continue living both in theory and practice.