Pluralist arguments are increasingly common in political and legal theory, but scepticism persists about whether pluralism marks a distinct intellectual tradition. This book reconstructs the pluralist tradition in political theory, arguing that it makes distinctive and radical c…
"Throughout the medieval period law was seen as the product of social groups and associations that formed legal orders, as Max Weber elaborates, "either constituted in its membership by such objective characteristics of birth, political, ethnic, or religious denomination, mode o…
This book places legal pluralism in historical context, describing the origins of legal pluralism in postcolonial countries and its implications today. It identifies manifestations of legal pluralism within Western societies, discusses contemporary transnational legal pluralism,…
How should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three respon…
Présentation de l'éditeur : "This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distincti…
This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural way…
In pursuit of pluralist jurisprudence
In pursuit of pluralist jurisprudence
In pursuit of pluralist jurisprudence
Introduction / Nicole Roughan and Andrew Halpin -- Do lawyers need a theory of legal pluralism? / Roger Cotterrell -- Legal reasoning in pluralist jurisprudence: the practice of the relational imagination / Maksymilian Del Mar -- Pluralising constitutional jurisprudence / Cormac…
In pursuit of pluralist jurisprudence
"The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development...[This] vol…
In pursuit of pluralist jurisprudence
The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting t…
This book argues that laws spread around the world not through elite networks of technocrats, but through domestic democracy. It combines public opinion experiments, election campaign data legislative debates, and policy adoption patterns to document how international models gen…
This book argues that laws spread around the world not through elite networks of technocrats, but through domestic democracy. It combines public opinion experiments, election campaign data legislative debates, and policy adoption patterns to document how international models gen…
This book argues that laws spread around the world not through elite networks of technocrats, but through domestic democracy. It combines public opinion experiments, election campaign data legislative debates, and policy adoption patterns to document how international models gen…
"Why do law reforms spread around the world in waves? Leading theories argue that international networks of technocratic elites develop orthodox solutions that they singlehandedly transplant across countries. But, in modern democracies, elites alone cannot press for legislative …