Global Legal Pluralism

摘要: This Article grapples with the complexities of law in a world hybrid legal spaces, where single act or actor is potentially regulated by multiple quasi-legal regimes. In order to conceptualize this world, I introduce literature on pluralism, and suggest that, following its insights, we need realize that normative conflict among multiple, overlapping systems unavoidable might even sometimes be desirable, both as source alternative ideas site for discourse community affiliations. Thus, instead trying stifle either through an imposition sovereigntist, territorially-based, prerogative universalist harmonization schemes, communities seek (and increasingly are creating) wide variety procedural mechanisms, institutions, practices managing, without eliminating, hybridity. Such can help mediate conflicts recognizing may legitimately wish assert their norms over given actor, seeking ways reconciling competing norms, deferring other approaches if possible. Moreover, when deference impossible (because some instances pluralism repressive, violent, and/or profoundly illiberal), procedures managing hybridity at least require explanation why decisionmaker cannot defer. sum, offers not only more comprehensive descriptive account live in, but also suggests useful approach design practices. The proceeds three parts. First, summarize which helps us understand global environment. Second, drawing pluralist offer analytical framework addressing conflicts, one provides territorially-based sovereigntism universalism, opens space jurisgenerative interplay commitments. generates series values principles used evaluate efficacy institutional designs, discursive Third, survey such already use doctrinal contexts, discuss how they work (or fail work) actual practice. And though each these has been discussed individually scholarly literature, have generally considered together lens, nor evaluated based ability manage preserve my analysis significantly different approach, injects distinct set concerns into debates about interactions. Indeed, although many often viewed second-best accommodations between hardline sovereigntist positions, argue preferable either. conclusion, implications general thinking potential role identifying negotiating social cultural difference.