The Handbook of Diverse Economies
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The Handbook of Diverse Economies

Edited by J. K. Gibson-Graham and Kelly Dombroski

Economic diversity abounds in a more-than-capitalist world, from worker-recuperated cooperatives and anti-mafia social enterprises to caring labour and the work of Earth Others, from fair trade and social procurement to community land trusts, free universities and Islamic finance. The Handbook of Diverse Economies presents research that inventories economic difference as a prelude to building ethical ways of living on our dangerously degraded planet. With contributing authors from twenty countries, it presents new thinking around subjectivity and methodology as strategies for making other worlds possible.
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Chapter 36: Diverse legalities: pluralism and instrumentalism

Bronwen Morgan and Declan Kuch

Abstract

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.

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