In Pursuit of Pluralist Jurisprudence

ISBN-13: 9781107183964 / Angielski / Twarda / 2017 / 384 str.

Nicole Roughan; Andrew Halpin

Opis

The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: wow precisely is it to be undertaken? Is it called for by developments in legal practice or are these adequately addressed by current legal theory? What normative challenges are raised, and what fresh promises might the pluralist turn hold? What distinctive insights can it offer for theorising about law? This book presents a rich variety of resources drawn from a number of theoretical approaches and demonstrates how they might be brought together to generate an increasingly important pluralist jurisprudence.

Recenzje

'What are the prospects of theories of law beyond, within and without state law? In particular, what novel conceptual and normative challenges do theories of legal pluralism grapple with? These and related questions are at the heart of this fascinating collection of essays, which offer a rich range of perspectives by leading theorists in this burgeoning field of inquiry.' Hans Lindahl, Tilburg Law School, the Netherlands

Spis treści

1. Introduction Nicole Roughan and Andrew Halpin; 2. Do lawyers need a theory of legal pluralism? Roger Cotterrell; 3. Legal reasoning in pluralist jurisprudence: the practice of the relational imagination Maksymilian Del Mar; 4. Pluralising constitutional jurisprudence Cormac Mac Amhlaigh; 5. Law and recognition: towards a relational concept of law Ralf Michaels; 6. The many uses of law. Interactional law as a bridge between instrumentalism and law's values Sanne Taekema; 7. Why the state? Joseph Raz; 8. A genealogical perspective on pluralist jurisprudence Detlef von Daniels; 9. Two conceptions of pluralist jurisprudence Stefan Sciaraffa; 10. The gap between global law and global justice: a preliminary analysis Neil Walker; 11. Plural pluralities of law Margaret Davies; 12. Postcolonial jurisprudence and the pluralist turn: from making space to being in place Kirsten Anker; 13. Legal pluralism and the value of the rule of law Martin Krygier; 14. Conclusion: the pursuits and promises of pluralist jurisprudence Nicole Roughan and Andrew Halpin.