Global legal pluralism : a jurisprudence of law beyond borders / Paul Schiff Berman.
2012
Items
Details
Author
Title
Global legal pluralism : a jurisprudence of law beyond borders / Paul Schiff Berman.
Imprint
Cambridge : Cambridge University Press, 2012.
Description
1 online resource (xii, 344 pages) : digital, PDF file(s)
Formatted Contents Note
Introduction
A world of legal conflicts
The limits of sovereigntist territoriality
Universalism and its discontents
Towards a cosmopolitan pluralist jurisprudence
Procedural mechanisms, institutional designs, and discursive practices for managing pluralism
The changing terrain of jurisdiction
A cosmopolitan pluralist approach to choice of law
Recognition of judgments and the legal negotiation of difference
Conclusion.
A world of legal conflicts
The limits of sovereigntist territoriality
Universalism and its discontents
Towards a cosmopolitan pluralist jurisprudence
Procedural mechanisms, institutional designs, and discursive practices for managing pluralism
The changing terrain of jurisdiction
A cosmopolitan pluralist approach to choice of law
Recognition of judgments and the legal negotiation of difference
Conclusion.
Summary
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.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9781139028615 ebook
9780521769822 (hardback)
9781107651500 (paperback)
9780521769822 (hardback)
9781107651500 (paperback)
Record Appears in