Global Legal Pluralism: A Jurisprudence of Law Beyond Borders

ISBN-13: 9780521769822 / Angielski / Twarda / 2012 / 358 str.

Paul Schiff Berman

Opis

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 because human activity and legal norms inevitably flow across such borders. 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. Such mechanisms, institutions, and practices can help mediate conflicts, and we may find that the added norms, viewpoints, and participants produce better decision making, better adherence to those decisions by participants and non-participants alike, and ultimately better real-world outcomes. 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.

Recenzje

'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

Spis treści

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.