Multijuralism

Manifestations, Causes, and Consequences

Albert Breton, Anne des Ormeaux, Katharina Pistor, Pierre Salmon

• Publisher: Routledge
• Year: 2017
• eBook ISBN: 9781351152860
• Topic: Law
• Subtopic: International Law
• Index: Law

At one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere, such as the existence of civil and common law systems within the EU. However, at a finer level of analysis multijuralism is a more widespread or common phenomenon and a more fluid reality than the civil law/common law distinction suggests. The papers in this study are therefore rooted in the latter frame of reference. They explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the external events which are not part of the processes of multijural adjustment but which serve to influence these processes. Included among these important external events are European integration, the growing importance accorded to human rights, the international practice of law, the growth of the Internet, the globalization of markets and the flow of immigrants. This volume represents some of the most current thinking in the area of multijuralism and is essential reading for anyone interested in the coexistence of legal systems or sub-systems.

Table of contents

• Cover
• Half Title
• Title
• Copyright
• Contents
• List of Figures
• Notes on Contributors
• Introduction
• 1 International Treaties and Conventions as Agents of Convergence and Multijuralism in Domestic Legal Systems
• 2 The Reception of Indigenous Legal Systems in Canada
• 3 Family Law's Legal Pluralism: Private 'Opting-Out' in Canada and South Africa
• 4 Regulatory and Sanctioning Powers of Independent Administrative Authorities in French Law
• 5 European Contract Law: Towards an Optional Instrument?
• 6 Comparative Reflection on the Transposition of European Directives: Unfair Terms
• 7 The Role of International Law Firms and Multijural Human Capital in the Harmonization of Legal Regimes
• 8 Standard Contracts In Financial Law: An Emerging New Legal Order
• 9 Strategies of Displacement and Other Violations of Territoriality: Cybercrime, the World Wide Web and the Ambit of Criminal Law
• Index