Global Legal Pluralism: A Jurisprudence Of Law Beyond Borders
Cambridge University Press
Edition: Reprint, 3/6/2014
EAN 9781107651500, ISBN10: 1107651506
Paperback, 358 pages, 22.9 x 15.2 x 2.1 cm
Language: English
Originally published in English
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Part I. Mapping a Hybrid World
1. Introduction
2. A world of legal conflicts
Part II. Retreating from Hybridity
3. The limits of sovereigntist territoriality
4. From universalism to cosmopolitanism
Part III. Embracing Hybridity
5. Towards a cosmopolitan pluralist jurisprudence
6. Procedural mechanisms, institutional designs, and discursive practices for managing pluralism
Part IV. Conflict of Laws in a Hybrid World
7. The changing terrain of jurisdiction
8. A cosmopolitan pluralist approach to choice of law
9. Recognition of judgments and the legal negotiation of difference
10. Conclusion.