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Global Legal Pluralism
Paul Schiff Berman
其他書名
A Jurisprudence of Law Beyond Borders
出版
Cambridge University Press
, 2012-02-27
主題
Law / Conflict of Laws
Law / International
Law / Jurisprudence
Political Science / International Relations / General
Political Science / Globalization
ISBN
0521769825
9780521769822
URL
http://books.google.com.hk/books?id=K0Vgm5KYYjsC&hl=&source=gbs_api
EBook
SAMPLE
註釋
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 because human activity and legal norms inevitably flow across such borders. 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. Such mechanisms, institutions, and practices can help mediate conflicts, and we may find that the added norms, viewpoints, and participants produce better decision making, better adherence to those decisions by participants and non-participants alike, and ultimately better real-world outcomes. 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.