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Bronwen Morgan and Declan Kuch

This chapter draws from socio-legal scholarship to explore two pathways opened up by the question of law’s role in producing a discourse of economic difference: legal pluralism and legal instrumentalism. The former refers to a tradition of open-minded thinking about the sources of legal authority; the latter emphasizes the outcomes of legal processes, broadly conceived. The authors eschew the ‘Eeyore’ image of law to instead argue for law as a commons that can enable mutual trust when grounded in the concerns of diverse economy to reimagine enterprise, exchange and ownership.