Global legal pluralism : a jurisprudence of law beyond borders
著者
書誌事項
Global legal pluralism : a jurisprudence of law beyond borders
Cambridge University Press, 2012
- : hardback
大学図書館所蔵 件 / 全16件
-
該当する所蔵館はありません
- すべての絞り込み条件を解除する
注記
Includes bibliographical references (p. xi-xii) and index
内容説明・目次
内容説明
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. 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. 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.
目次
- Part I. Mapping a Hybrid World: 1. Introduction
- 2. A world of legal conflicts
- Part II. Retreating from Hybridity: 3. The limits of sovereigntist territoriality
- 4. From universalism to cosmopolitanism
- Part III. Embracing Hybridity: 5. Towards a cosmopolitan pluralist jurisprudence
- 6. Procedural mechanisms, institutional designs, and discursive practices for managing pluralism
- Part IV. Conflict of Laws in a Hybrid World: 7. The changing terrain of jurisdiction
- 8. A cosmopolitan pluralist approach to choice of law
- 9. Recognition of judgments and the legal negotiation of difference
- 10. Conclusion.
「Nielsen BookData」 より
