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Paul Schiff Berman (editor) - The Oxford Handbook of Global Legal Pluralism

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The Oxford Handbook of Global Legal Pluralism
Author:
Paul Schiff Berman editor
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OUP USA
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Year:
2020
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Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the worlds leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.

Paul Schiff Berman (editor): author's other books

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The Oxford Handbook of

Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism - image 2

Oxford University Press is a department of the University of Oxford. It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries.

Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America.

Oxford University Press 2020

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above.

You must not circulate this work in any other form and you must impose this same condition on any acquirer.

Library of Congress Cataloging-in-Publication Data

Names: Berman, Paul Schiff, editor.

Title: The Oxford handbook of global legal pluralism /

edited by Paul Schiff Berman.

Other titles: Global legal pluralism

Description: Oxford : Oxford University Press, [2020] |

Includes bibliographical references and index.

Identifiers: LCCN 2020018937 | ISBN 9780197516744 (hardback) |

ISBN 9780197516768 (epub)

Subjects: LCSH: Legal polycentricity. | Law and globalization.

Classification: LCC K236 .O94 2020 | DDC 340.9dc23

LC record available at https://lccn.loc.gov/2020018937

1 3 5 7 9 8 6 4 2

Printed by Integrated Books International, United States of America

Contents

Understanding Global Legal Pluralism: From Local to Global, from Descriptive to Normative
Paul Schiff Berman

Local People and Global Goings-On: An African Story
Sally Falk Moore

Anthropological Roots of Global Legal Pluralism
Keebet von Benda-Beckmann and Bertram Turner

The Eclipse of Global Legal Pluralism in Ethnology: A French Trajectory
Grgoire Mallard

An Anthropological Perspective on Legal Pluralism
Sally Engle Merry

Empires and Jurisdictional Politics: Legal Pluralism and the Search for Global Order
Lauren Benton

Other Parts of the Forest: Some Aspects of Global Legal Pluralism
Carol Weisbrod

Manifestations and Arguments: The Everyday Operation of Transnational Legal Pluralism
Peer Zumbansen

Does Legal Theory Have a Pluralism Problem?
Cormac Mac Amhlaigh

Theorizing Justice under Conditions of Global Legal Pluralism
Vctor M. Muiz-Fraticelli

Conceptual Theories of Law and the Challenge of Global Legal Pluralism: A Legal Interactionist Approach
Wibren van der Burg

Pluralist Authority and the Relation between Plurality and Pluralism
Nicole Roughan

Global Legal Pluralism and the Rule of Law
David Lefkowitz

Legal Pluralism and the Problem of Evil
Detlef von Daniels

Value Pluralism and Legal Pluralism: Using Radbruchs Value-Based Approach to Law to Understand Global Legal Pluralism
Sanne Taekema

Law Unbounded? The Shifting Stakes in Global Normative Order
Neil Walker

Constitutionalism without Borders and Governance beyond the States: A Comparative Institutional Approach
Miguel Poiares Maduro and Neil Komesar

Transnational Networks and the Construction of Global Law
Oren Perez

Federalism as Legal Pluralism
Erin Ryan

International Law as a System of Legal Pluralism
Frdric Mgret

The Integrative Effects of Global Legal Pluralism
Monica Hakimi

International Criminal Law and Legal Pluralism
Elies van Sliedregt

Cosmopolitan Pluralist Hybrid Tribunals
Elena Baylis

Global Legal Pluralism and Conflict of Laws
Ralf Michaels

Conflicts of Laws Unbounded: The Case for a Legal-Pluralist Revival
Horatia Muir Watt

Global Legal Pluralism and Commercial Law
John Linarelli

Private Uniform Law and Global Legal Pluralism
Gralf-Peter Calliess and Insa Stephanie Jarass

Compliance as an Exchange of Legitimacy for Influence
Kishanthi Parella

The Application of Non-State-Based Standards in International Arbitration
Shahla Ali

E Pluribus Plures: Legal Pluralism and the Recognition of Indigenous Legal Orders
Michael Coyle

Indigenous Rights and Intrastate Multijuridicalism
Dwight Newman

Legal Pluralism and Indigenous Legal Traditions
Kirsty Gover

State Legal Pluralism and Religious Courts: Semi-Autonomy and Jurisdictional Allocations in Pluri-Legal Arrangements
Jaclyn L. Neo

The Future of Religious Arbitration in the United States: Looking through a Pluralist Lens
Michael A. Helfand

Sex Policing in the Arab World
Haider Ala Hamoudi

The Overlapping Web of Data, Territoriality, and Sovereignty
Jennifer Daskal

The Problem of Platform Law: Pluralistic Legal Ordering on Social Media
Molly K. Land

Fighting Fundamentalism with Pluralism: Technologies of Enlightenment during the Arab Spring
Madhavi Sunder

Membership and Global Legal Pluralism
Peter J. Spiro

On the Verge of Citizenship: Negotiating Religion and Gender Equality
Ayelet Shachar

Shahla Ali Professor of Law, Associate Dean, and Deputy Director, Program in Arbitration and Dispute Resolution, The University of Hong Kong

Elena Baylis Professor of Law, University of Pittsburgh

Keebet von Benda-Beckmann Emeritus Professor, Associate, Project Group Legal Pluralism, Department of Anthropology and Law, Max Planck Institute for Social Anthropology

Lauren Benton Barton M. Biggs Professor of History, Yale University

Paul Schiff Berman Walter S Cox Professor of Law, The George Washington University

Wibren van der Burg Professor of Legal Philosophy, Erasmus University

Gralf-Peter Calliess Chair in Private Law, Comparative and International Economic Law, University of Bremen

Michael Coyle Associate Professor of Law, Western University

Detlef von Daniels Visiting Fellow, Centre for International Studies, London School of Economics and Political Science, and Academic Coordinator of the International Justice and Institutional Responsibility Research Group at the Berlin-Brandenburg Academy of Sciences and Humanities

Jennifer Daskal Professor of Law & Faculty Director, Technology, Law and Security Program, American University

Kirsty Gover Professor and Programme Director, Indigenous Peoples in International and Comparative Law, University of Melbourne

Monica Hakimi James V. Campbell Professor of Law, University of Michigan

Haider Ala Hamoudi Professor of Law and Vice Dean of the School of Law, University of Pittsburgh

Michael A. Helfand Professor of Law, Associate Dean for Faculty and Research, and Interim Director, Nootbaar Institute for Law, Religion and Ethics, Pepperdine University

Insa Stephanie Jarass Postdoctoral Researcher, Max Planck Institute for European Legal History

Neil Komesar Miller Professor of Law Emeritus, University of Wisconsin

Molly K. Land Professor of Law, University of Connecticut

David Lefkowitz Professor of Philosophy and the Program in Philosophy, Politics, Economics, and Law, University of Richmond

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