Global Legal Pluralism

Глобальный правовой плюрализм
Paul Schiff Berman
2012-02-27

global legal pluralismlegal pluralismoverlapping legal authorityprocedural mechanisms for pluralismtransnational legal regimes
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.
1
A universal single set of legal rules is unrealistic due to the diversity of human communities and interests.
2
An alternative jurisprudence is needed that preserves spaces for productive interaction among multiple legal systems through procedural mechanisms, institutions, and practices.
3
Contemporary regulation often involves multiple overlapping legal or quasi-legal regimes (state, substate, transnational, supranational, nonstate) affecting a single act or actor.
4
Territorial borders cannot reliably resolve conflicts or confusion arising from overlapping legal authorities in a globalized context.
5
The book synthesizes diverse legal doctrines and academic disciplines to offer a novel conceptualization of law and globalization focused on managing, not eliminating, legal pluralism.

Overlapping legal and quasi-legal regimes that govern a single act or actor across state, substate, transnational, supranational, and nonstate communities

How to conceptualize, manage, and create procedural mechanisms, institutions, and practices that enable productive interaction among multiple overlapping legal systems (global legal pluralism) without eliminating plurality

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2012-02-27
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Paul Schiff Berman
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