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The Oxford Handbook of Global Legal Pluralism (Hardcover)
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The Oxford Handbook of Global Legal Pluralism (Hardcover)
Series: Oxford Handbooks
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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.
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