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Global Legal Pluralism: A Jurisprudence of Law beyond Borders

Autor Paul Schiff Berman
en Limba Engleză Paperback – 5 mar 2014
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.
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Specificații

ISBN-13: 9781107651500
ISBN-10: 1107651506
Pagini: 358
Ilustrații: black & white illustrations
Dimensiuni: 152 x 229 x 19 mm
Greutate: 0.48 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States

Cuprins

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.

Recenzii

'… there is no doubt that Berman's book represents an eloquent and intellectually compelling portrayal of global legal pluralism.' Andraž Zidar, Leiden Journal of International Law
'With his excellent account of the hybridity of the contemporary legal architecture, Berman delivers a significant contribution to the burgeoning field of Global Governance scholarship. Simultaneously, he demarcates the importance of a pluralist perspective, as we struggle to find the right words to describe unity and fragmentation of law (broadly conceptualized) and its multi-faceted effects on our daily interactions. Even though Berman emphasizes the pluralist perspective, he acknowledges that a form of universalism pervades his analysis.' Sujith Xavier, European Journal of International Law
'There is a great deal to admire in this impressive book … Global Legal Pluralism contains a remarkable richness of details and exposition that is balanced with a sensible recognition of the variation in perspectives on the most pressing issues of the day.' Richard A. Wilson, Journal of Law and Society

Notă biografică


Descriere

Proposes a multidisciplinary approach that seeks to grapple with the pluralist reality rather than ignoring it.