The Oxford Handbook of Global Legal Pluralism

Auteur
Paul Schiff Berman, the Walter S. Cox Professor of Law at The George Washington University Law School, is one of the world's foremost theorists on the effects of globalization on the interactions among legal systems. He is the author of over sixty scholarly works, including Global Legal Pluralism: A Jurisprudence of Law Beyond Borders (2012). Berman has been invited to speak and teach at universities throughout the world and has served as a Visiting Professor at Princeton University, Queen Mary University of London, University of Bremen, and Southern Cross University.

Texte du rabat

This volume brings together leading scholars from around the world to analyze all aspects of legal pluralism, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Volume editor Paul Schiff Berman introduces every chapter, framing the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced.

Résumé
Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.

Contenu

• Introduction-Paul Schiff Berman

• Part I From Local to Global: Introductory Stories of Global Legal Pluralism

• Introduction to Part I (Paul Schiff Berman)

• Chapter 1. Local People and Global Goings On: An African Story (Sally Falk Moore)

• Chapter 2. Anthropological Roots of Global Legal Pluralism (Keebet von Benda-Beckmann and Bertram Turner)

• Chapter 3. The Eclipse of Global Legal Pluralism in Ethnology: A French Trajectory (Grégoire Mallard)

• Chapter 4. An Anthropological Perspective on Legal Pluralism (Sally Engle Merry)

• Chapter 5. Empires and Jurisdictional Politics: Legal Pluralism and the Search for Global Order (Lauren Benton)

• Chapter 6. Other Parts of the Forest: Some Aspects of Global Legal Pluralism (Carol Weisbrod)

• Chapter 7. Manifestations and Arguments: The Everyday Operation of Transnational Legal Pluralism (Peer Zumbansen)

• Part II Developing and Contesting a Philosophical Theory of Global Legal Pluralism

• Introduction to Part II (Paul Schiff Berman)

• Chapter 8. Does Legal Theory Have a Pluralism Problem? (Cormac Mac Amhlaigh)

• Chapter 9. Theorizing Justice Under Conditions of Global Legal Pluralism (Víctor M. Muñiz-Fraticelli)

• Chapter 10. Conceptual Theories of Law and the Challenge of Global Legal Pluralism: A Legal Interactionist Approach (Wibren van der Burg)

• Chapter 11. Pluralist Authority and the Relationship between Plurality and Pluralism (Nicole Roughan)

• Chapter 12. Global Legal Pluralism and the Rule of Law (David Lefkowitz)

• Chapter 13. Legal Pluralism and the Problem of Evil (Detlef von Daniels)

• Chapter 14. Value Pluralism and Legal Pluralism: Using Radbruch's Value-Based Approach to Law to Understand Legal Pluralism (Sanne Taekema)

• Part III Global Legal Pluralism and Constitutionalism

• Introduction to Part III (Paul Schiff Berman)

• Chapter 15. Law Unbounded? The Shifting Stakes in Global Normative Order (Neil Walker)

• Chapter 16. Constitutionalism Without Borders and Governance Beyond the States: A Comparative Institutional Approach (Miguel Poiares Maduro and Neil Komesar)

• Chapter 17. Transnational Networks and the Construction of Global Law (Oren Perez)

• Chapter 18. Federalism as Legal Pluralism (Erin Ryan)

• Part IV Global Legal Pluralism and International Law

• Introduction to Part IV (Paul Schiff Berman)

• Chapter 19. International Law as a System of Legal Pluralism (Frédéric Mégret)

• Chapter 20. The Integrative Effects of Global Legal Pluralism (Monica Hakimi)

• Chapter 21. International Criminal Law and Legal Pluralism (Elies van Sliedregt)

• Chapter 22. Cosmopolitan Pluralist Hybrid Tribunals (Elena Baylis)

• Part V Global Legal Pluralism and Conflict of Law

• Introduction to Part V (Paul Schiff Berman)

• Chapter 23. Global Legal Pluralism and Conflict of Laws (Ralf Michaels)

• Chapter 24. Conflicts of Laws Unbounded: The Case for a Legal-Pluralist Revival (Horatia Muir-Watt)

• Part VI Global Legal Pluralism and Transnational Commercial Transactions

• Introduction to Part VI (Paul Schiff Berman)

• Chapter 25. Global Legal Pluralism and Commercial Law (John Linarelli)

• Chapter 26. Private Uniform Law and Global Legal Pluralism (Gralf-Peter Caliess and Insa Stephanie Jarass)

• Chapter 27. Compliance as an Exchange of Legitimacy for Influence (Kishanthi Parella)

• Chapter 28. The Application of Non-State Based Standards in International Arbitration (Shahla Ali)

• Part VII Global Legal Pluralism and indigenous Communities

• Introduction to Part VII (Paul Schiff Berman)

• Chapter 29. E Pluribus Plures: Legal Pluralism and the Recognition of Indigenous Legal Orders (Michael Coyle)

• Chapter 30. Indigenous Rights and Intrastate Multijuridicalism (Dwight Newman)

• Chapter 31. Legal Pluralism and Indigenous Legal Traditions (Kirsty Gover)

• Part VIII Global Legal Pluralism and Religious Communities

• Introduction to Part VIII (Paul Schiff Berman)

• Chapter 32. State Legal Pluralism and Religious Courts: Semi-Autonomy and Jurisdictional Allocations in Pluri-Legal Arrangements (Jaclyn L. Neo)

• Chapter 33. The Future of Religious…