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 8: Reining in pluralist jurisprudence with the rule of law

Matthew Grellette


A growing number of theorists are recommending that we redraft the philosophical understanding of law along pluralist lines, in order to accommodate the existence of those intra-, supra-, and trans-state manifestations of legality that have arisen within the process of globalization. At the vanguard of this movement are Michael Giudice and Keith Culver, who argue that, in order to make sense of the globalized practice of law, legal philosophers must reject the idea that systematicity is central to the nature of law. In this chapter it is argued that while globalization requires us to embrace pluralism, the denial of law’s systemic nature is a step too far. Specifically, it is contended that such a move would undermine the distinction between the rule of law and the rule of man—an analytical tool that, in our globalized world, is of more descriptive and normative significance than ever before.

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.