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 8: Reining in pluralist jurisprudence with the rule of law

Matthew Grellette

Abstract

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.

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