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In Pursuit of Pluralist Jurisprudence
About this book
The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: how precisely is it to be undertaken? Is it called for by developments in legal practice or are these adequately addressed by current legal theory? What normative challenges are raised, and what fresh promises might the pluralist turn hold? What distinctive insights can it offer for theorising about law? This book presents a rich variety of resources drawn from a number of theoretical approaches and demonstrates how they might be brought together to generate an increasingly important pluralist jurisprudence.
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Information
Table of contents
- Cover
- Half-title
- Title page
- Copyright information
- Table of contents
- List of Contributors
- Acknowledgements
- 1 Introduction
- 2 Do Lawyers Need a Theory of Legal Pluralism?
- 3 Legal Reasoning in Pluralist Jurisprudence: The Practice of the Relational Imagination
- 4 Pluralising Constitutional Pluralism
- 5 Law and Recognition – Towards a Relational Concept of Law
- 6 The Many Uses of Law: Interactional Law as a Bridge between Instrumentalism and Law's Values
- 7 Why the State?
- 8 A Genealogical Perspective on Pluralist Jurisprudence
- 9 Two Conceptions of Pluralist Jurisprudence
- 10 The Gap between Global Law and Global Justice: A Preliminary Analysis
- 11 Plural Pluralities of Law
- 12 Postcolonial Jurisprudence and the Pluralist Turn: From Making Space to Being in Place
- 13 Legal Pluralism and the Value of the Rule of Law
- 14 The Promises and Pursuits of Pluralist Jurisprudence
- Index