Multijuralism: Manifestations, Causes, and Consequences

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Albert Breton
Ashgate Publishing, Ltd., Jan 1, 2009 - Law - 238 pages
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At one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere, such as the existence of civil and common law systems within the EU. However, at a finer level of analysis multijuralism is a more widespread or common phenomenon and a more fluid reality than the civil law/common law distinction suggests. The papers in this study are therefore rooted in the latter frame of reference. They explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the external events which are not part of the processes of multijural adjustment but which serve to influence these processes. Included among these important external events are European integration, the growing importance accorded to human rights, the international practice of law, the growth of the Internet, the globalization of markets and the flow of immigrants.
  

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Contents

Albert Breton Anne Des Ormeaux Katharina Pistor and Pierre Salmon
10
The Reception of Indigenous Legal Systems in Canada
69
Regulatory and Sanctioning Powers of Independent Administrative
99
Towards an Optional Instrument?
121
Comparative Reflection on the Transposition of European
147
The Role of International Law Firms and Multijural Human
161
Index
233
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