Ubiquitous law : legal theory and the space for legal pluralism

著者

    • Melissaris, Emmanuel

書誌事項

Ubiquitous law : legal theory and the space for legal pluralism

Emmanuel Melissaris

（Law, justice and power）

Ashgate, c2009

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注記

Bibliography: p. [155]-167

Includes index

内容説明・目次

内容説明

Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal has been biased by the implicit or explicit presupposition of the State's exclusivity to a claim to legality as well as the tendency to make the enquiry into the law the task of experts, who purport to be able to represent the legal community's commitments in an authoritative manner. Very worryingly, the experts' point of view then becomes constitutive of the law and parasitic to and distortive of people's commitments. Ubiquitous Law counter-suggests a new methodology for legal theory, which will not be based on rigid epistemological and normative assumptions but rather on self-reflection and mutual understanding and critique, so as to establish acceptable differences on the basis of a commonality.

目次

  • Contents: Introduction
  • Perspective, critique and pluralism in legal theory
  • Orthodoxies and heterodoxies of legal pluralism
  • On the theoretical groundwork of legal pluralism
  • Interperspectival critical legal theory
  • The contours of institutionalised legal discourse
  • Shared normative experiences and the space for legal pluralism
  • On the chronology (and topology) of the legal
  • Conclusion
  • Bibliography
  • Index.

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