Edited by Jorge L. Fabra-Zamora
Chapter 8: Reining in pluralist jurisprudence with the rule of law
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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