In Pursuit of Pluralist Jurisprudence

ISBN-13: 9781108707251 / Angielski / Miękka / 2019 / 386 str.

Nicole Roughan; Andrew Halpin

Opis

In this book, core challenges facing pluralist jurisprudence are isolated and tackled from a number of contrasting yet interacting perspectives. It is a collection for both scholars and students of law, and those with an interest in legal pluralism and the ways in which we understand and evaluate relationships between state law and other legal orders.

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.