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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.Read more
- Offers an alternative comprehensive framework for conceptualizing the effects of globalization on legal systems
- Analyzes a wide variety of situations where legal systems conflict, including both public and private law, as well as formal and informal norms
- Broadly interdisciplinary, drawing on a variety of areas of legal scholarship, as well as approaches drawn from anthropology, sociology, political philosophy, critical geography and cosmopolitan theory
Reviews & endorsements
"Berman shows with eloquent argument and abundant illustration why lawyers must engage with the increasingly transnational character of law. He makes a powerful case that the isolation of legal jurisdictions from each other is a thing of the past – We are fated to live in a hybrid, contested, constantly renegotiated legal world that ultimately has limited respect for national boundaries."
- Roger Cotterrell
Professor, Department of Law, Queen Mary, University of London
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"This important book offers an intriguing analysis of the layered and overlapping nature of law under globalization. Using the framework of legal pluralism, Paul Berman’s engaging case studies show the nature of contemporary legal hybridity and its roots in globalization. He argues that legal hybridity offers opportunities as well as challenges. The book is essential reading for those seeking to understand globalization and law in the current moment."
- Sally Engle Merry
Professor, Department of Anthropology, New York University
"Paul Berman's book is essential reading for students and scholars of law and globalization. He provides one of the most compelling accounts of a modern predicament--the inescapability of overlapping formal and informal legal regimes that compete for our obedience and our affections. Berman powerfully argues not only for measures to manage this tension. He also provocatively argues that this tension can produce significant benefits, and he presents measures to achieve those values. Whether one agrees or disagrees with Berman, he has built a formidable intellectual framework with which anyone interested in the intersection of normative regimes must now grapple."
- Ryan Goodman
Anne and Joel Ehrenkranz Professor of Law, Professor of Politics & Sociology, Co-Chair, Center for Human Rights and Global Justice, New York University School of Law
"This book offers a compelling framework for thinking about law in the wake of globalization...Global Legal Pluralism anchors a growing body of sometimes ethereal postnational thinking to the more familiar terrain of legal doctrine. This major contribution will help us process dynamic legal change in the global legal system"- Peter J. Spiro, Temple University Law School, The American Journal of International Law
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- Date Published: March 2014
- format: Paperback
- isbn: 9781107651500
- length: 358 pages
- dimensions: 229 x 152 x 19 mm
- weight: 0.48kg
- availability: Manufactured on demand: supplied direct from the printer
Table of Contents
Part I. Mapping a Hybrid World:
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
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