Global Legal Pluralism : A Jurisprudence of Law Beyond Borders
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.
- Online resource
- 05 Mar 2012
- Cambridge University Press (Virtual Publishing)
- Cambridge, United Kingdom
Table of contents
Part I. Mapping a Hybrid World: 1. Introduction; 2. A world of legal conflicts; Part II. Retreating from Hybridity: 3. The limits of sovereigntist territoriality; 4. From universalism to cosmopolitanism; Part III. Embracing Hybridity: 5. Towards a cosmopolitan pluralist jurisprudence; 6. Procedural mechanisms, institutional designs, and discursive practices for managing pluralism; Part IV. Conflict of Laws in a Hybrid World: 7. The changing terrain of jurisdiction; 8. A cosmopolitan pluralist approach to choice of law; 9. Recognition of judgments and the legal negotiation of difference; 10. Conclusion.
'... there is no doubt that Berman's book represents an eloquent and intellectually compelling portrayal of global legal pluralism.' Andraz Zidar, Leiden Journal of International Law 'With his excellent account of the hybridity of the contemporary legal architecture, Berman delivers a significant contribution to the burgeoning field of Global Governance scholarship. Simultaneously, he demarcates the importance of a pluralist perspective, as we struggle to find the right words to describe unity and fragmentation of law (broadly conceptualized) and its multi-faceted effects on our daily interactions. Even though Berman emphasizes the pluralist perspective, he acknowledges that a form of universalism pervades his analysis.' Sujith Xavier, European Journal of International Law
About Paul Schiff Berman
Paul Schiff Berman is Dean and Robert Kramer Research Professor of Law at the George Washington University Law School. Before arriving at George Washington University, he was Dean and Foundation Professor of Law at the Sandra Day O'Connor College of Law at Arizona State University. He has also served as the Jesse Root Professor of Law at the University of Connecticut School of Law and as a Visiting Professor and Visiting Research Scholar at Princeton University in the Program in Law and Public Affairs. Berman has published two edited collections, authored a pioneering casebook on cyberlaw and written more than 25 scholarly articles and book chapters. He has also served on the Organizing Committee of the Association for the Study of Law, Culture and the Humanities.