Jurisprudence in a Globalized World
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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.
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Chapter 5: Normative legal pluralism: a critique

Klaus Günther

Abstract

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.

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