Scholars studying interactions among multiple communities have often used the term legal pluralism to describe the inevitable intermingling of normative systems that results from these interactions. In recent years, a new application of pluralist insights has emerged in the international and transnational realm. This review aims to survey and help deﬁne this emerging ﬁeld of global legal pluralism. I begin by brieﬂy describing sites for pluralism research, both old and new. Then I discuss how pluralism has come to be seen as an attractive analytical framework for those interested in studying law on the world stage. Finally, I identify advantages of a pluralist approach and respond to criticisms, and I suggest ways in which pluralism can help both in reframing old conceptual debates and in generating useful normative insights for designing procedural mechanisms, institutions, and discursive practices for managing hybrid legal/cultural spaces.
Sunday, November 15, 2009
Berman: The New Legal Pluralism
Paul Schiff Berman (Arizona State Univ. - Law) has posted The New Legal Pluralism (Annual Review of Law and Social Science, Vol. 5, pp. 225-242, 2009). Here's the abstract: