Abstract
Legal pluralism refers to the idea that in any one geographical space defined by the conventional boundaries of a nation state, there is more than one law or legal system. This article examines several aspects of legal pluralism focusing on the relationship between the empirical facts of pluralism and its conceptual foundations. Variety of factors produce the perception of legal pluralism, which is reflected in intensified interest in the concept in contemporary scholarship. Legal philosophy and sociological approaches to law often still occupy quite separate scholarly terrains. Legal pluralism has been identified as a fruitful area for constructive engagement between legal philosophy and the sociology of law. This article emphasizes the fact that with the decline of nation states as the locus of political and legal power, it seems inevitable that traditional state-centered legal philosophy must give way to a different paradigm, which recognizes the plurality of law.
Original language | English |
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Title of host publication | The Oxford Handbook of Empirical Legal Research |
Publisher | Oxford University Press |
Pages | 805-827 |
Number of pages | 23 |
ISBN (Electronic) | 9780191743641 |
ISBN (Print) | 9780199542475 |
DOIs | |
Publication status | Published - 18 Sept 2012 |
Keywords
- Legal philosophy
- Legal pluralism
- Legal system
- Plurality of law
- Political and legal power
- Sociological approaches
- Sociology of law