The New Legal Pluralism

被引:62
作者
Berman, Paul Schiff [1 ]
机构
[1] Arizona State Univ, Sandra Day OConnor Coll Law, Tempe, AZ 85287 USA
关键词
international; transnational; globalization; governance; NATIONAL COURTS; LAW;
D O I
10.1146/annurev.lawsocsci.093008.131539
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Scholars studying interactions among multiple communities have often used the term legal pluralism to describe the inevitable intermingling of normative systems that results from these interactions. In recent years, a new application of pluralist insights has emerged in the international and transnational realm. This review aims to survey and help define this emerging field of global legal pluralism. I begin by briefly describing sites for pluralism research, both old and new. Then I discuss how pluralism has come to be seen as an attractive analytical framework for those interested in studying law on the world stage. Finally, I identify advantages of a pluralist approach and respond to criticisms, and I suggest ways in which pluralism can help both in refraining old conceptual debates and in generating useful normative insights for designing procedural mechanisms, institutions, and discursive practices for managing hybrid legal/cultural spaces.
引用
收藏
页码:225 / 242
页数:18
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