Jurisprudence in a Globalized World
Show Less

Jurisprudence in a Globalized World

Edited by Jorge L. Fabra-Zamora

Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 5: Normative legal pluralism: a critique

Klaus Günther


Normative Legal Pluralism is based on the observation that there is more than one legal or, more generally, normative order in one social field, e.g., a nation-state. Recently, this observation has been transferred to the current condition of legal orders in a globalized world. On a global scale we are confronted with the fact of a plurality of legal and hybrid normative orders, which overlap or collide. Normative legal pluralism claims that this condition shall not be overcome, that one should not argue for a legal centralism as it happened in the formation of nation-states. Legal pluralism is considered as a justified norm in itself. The chapter will argue that legal pluralism as a norm presupposes and requires some kind of meta-law, which enables participants to deal with norm conflicts and collisions. There already exists a social practice, a “management of hybridity,” executed by jurists (Schiff Berman), which could be used as a starting point to develop and justify something like a meta-law.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.