1. Introduction Nicole Roughan and Andrew Halpin; 2. Do lawyers need a theory of legal pluralism? Roger Cotterrell; 3. Legal reasoning in pluralist jurisprudence: the practice of the relational imagination Maksymilian Del Mar; 4. Pluralising constitutional jurisprudence Cormac Mac Amhlaigh; 5. Law and recognition: towards a relational concept of law Ralf Michaels; 6. The many uses of law. Interactional law as a bridge between instrumentalism and law's values Sanne Taekema; 7. Why the state? Joseph Raz; 8. A genealogical perspective on pluralist jurisprudence Detlef von Daniels; 9. Two conceptions of pluralist jurisprudence Stefan Sciaraffa; 10. The gap between global law and global justice: a preliminary analysis Neil Walker; 11. Plural pluralities of law Margaret Davies; 12. Postcolonial jurisprudence and the pluralist turn: from making space to being in place Kirsten Anker; 13. Legal pluralism and the value of the rule of law Martin Krygier; 14. Conclusion: the pursuits and promises of pluralist jurisprudence Nicole Roughan and Andrew Halpin.
This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state.
Nicole Roughan is the author of Authorities: Conflicts, Cooperation and Transnational Legal Theory (2013) and is working on a new monograph, Officials (forthcoming). She is a recipient of a 2016 Rutherford Discovery Fellowship from the Royal Society of New Zealand, to undertake a major research project on Jurisprudence without Borders. Andrew Halpin has published widely in areas of legal theory broadly conceived, exploring perspectives on law from other disciplines - logic, philosophy of language, politics, and economics - and confronting the impact of novel legal phenomena arising in a global context upon general theories of law. He coedited a collection of essays, Theorising the Global Legal Order (2009).
'This collection of high quality contributions is a must-read for
anyone interested in the various challenges in theorising the
phenomena of non-state law. It is the first book of its kind to
recognize that while theoretical work on the emergence and
prevalence of non-state law has grown exponentially over the last
twenty years, to date there has been no sustained reflection on the
methodological commitments and goals of such work. Roughan and
Halpin have done remarkably well in drawing together a truly
impressive range of scholars from diverse disciplines to begin such
an investigation.' Michael Giudice, York University, Toronto
'What are the prospects of theories of law beyond, within and
without state law? In particular, what novel conceptual and
normative challenges do theories of legal pluralism grapple with?
These and related questions are at the heart of this fascinating
collection of essays, which offer a rich range of perspectives by
leading theorists in this burgeoning field of inquiry.' Hans
Lindahl, Tilburg Law School, the Netherlands
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