In Pursuit of Pluralist Jurisprudence

Author: Nicole Roughan; Andrew Halpin
Publisher: Cambridge University Press
ISBN: 9781107183964
Published In: September 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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