International Law

Global Legal Pluralism A Jurisprudence of Law Beyond Borders

By Paul Schiff Berman
Cambridge University Press May 2012

Specifications

ISBN-13
9780521769822
Publisher
Cambridge University Press
Publication
May 2012
Format
Hardback , 356 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Paul Schiff Berman
Arizona State University

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