Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyzes the promise and problems of pluralism in theory and in current practice - focusing on the European hum…
"Under pressure from globalization, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international law…
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…
"Addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal develop…
American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religious…
"American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiou…