Global Legal Pluralism A Jurisprudence of Law Beyond Borders

Author: Paul Schiff Berman
Publisher: Cambridge University Press
ISBN: 9780521769822
Published In: May 2012
Format: Hardback , 356 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

• Offers an alternative comprehensive framework for conceptualizing the effects of globalization on legal systems

• Analyzes a wide variety of situations where legal systems conflict, including both public and private law, as well as formal and informal norms

• Broadly interdisciplinary, drawing on a variety of areas of legal scholarship, as well as approaches drawn from anthropology, sociology, political philosophy, critical geography and cosmopolitan theory

Acknowledgments	ix
Part I. Mapping a Hybrid World	1
1. Introduction	3
2. A World of Legal Conflicts	23
Part II. Retreating from Hybridity	59
3. The Limits of Sovereigntist Territoriality	61
4. Universalism and Its Discontents	128
Part III. Embracing Hybridity	139
5. Toward a Cosmopolitan Pluralist Jurisprudence	141
6. Procedural Mechanisms, Institutional Designs, and Discursive Practices for Managing Pluralism	152
Part IV. Conflict of Laws in a Hybrid World	191
7. The Changing Terrain of Jurisdiction	195
8. A Cosmopolitan Pluralist Approach to Choice of Law	244
9. Recognition of Judgments and the Legal Negotiation of Difference	294
10. Conclusion	323
Index	329