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13 - From Simple Diversity to Interlegality and Pluralism

from Part III - Plurality

Published online by Cambridge University Press:  03 September 2021

Kaarlo Tuori
Affiliation:
University of Helsinki
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Summary

Post-national plurality not only puts items on the global map of law that had no place in the black-box model of Legal Positivism: instances of non-state law, such as transnational, indigenous, and religious law. Post-national law also fundamentally alters the relations among instances of law, and annuls the self-sufficiency and reciprocal closure of the black boxes. The black-box model depicted the plurality of law as simple diversity, as mere coexistence of state legal orders, without any hint of either dialogical or conflictual relations. In contrast, post-national plurality invites us to conceive of the global constellation of law as interlegality where instances of law overlap and communicate in various modes.

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Properties of Law
Modern Law and After
, pp. 239 - 256
Publisher: Cambridge University Press
Print publication year: 2021

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