Global Legal Pluralism: A Jurisprudence of Law Beyond BordersWe 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 because human activity and legal norms inevitably flow across such borders. 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. Such mechanisms, institutions, and practices can help mediate conflicts, and we may find that the added norms, viewpoints, and participants produce better decision making, better adherence to those decisions by participants and non-participants alike, and ultimately better real-world outcomes. 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. |
Other editions - View all
Global Legal Pluralism: A Jurisprudence of Law beyond Borders Paul Schiff Berman Limited preview - 2012 |
Global Legal Pluralism: A Jurisprudence of Law beyond Borders Paul Schiff Berman No preview available - 2014 |
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Accordingly actors apply arguing assertion of jurisdiction Augusto Pinochet authority boundaries choice of law choice-of-law community affiliation conception Conflict of Laws consider constitutional context corporation cosmopolitan pluralist approach create crimes cultural decision develop Dinwoodie discussed dispute domain name domestic effects enforcement entities ethnic example extraterritorial federal foreign global groups human rights hybrid ICANN idea institutions Int’l interactions International Criminal International Criminal Court international law international legal Internet issue judges judgment recognition judicial Judith Resnik juries Justice lawmaking legal consciousness legal norms Legal Pluralism legal systems legitimacy managing pluralism mechanisms Moreover multistate nation-state nonstate community nonstate norms normative communities overlapping Pinochet political practices principles recognize regime regulatory relevant Resnik rules scholars seek simply social sovereignty space subsidiarity substantive supra note territorial tion trademark transnational tribunals U.S. Constitution U.S. courts U.S. Supreme Court UDRP United Vienna Convention vision Yahoo