The Oxford Handbook of Global Legal Pluralism

ISBN : 9780197516744

Paul Schiff Berman
944 Pages
171 x 248 mm
Pub date
Sep 2020
Oxford Handbooks
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  • Provides a framework to better understand Global Legal Pluralism and the current international state of law.
  • Equips practitioners, theorists, and students with deeper insights and analytical tools to describe the conflict among legal and quasi-legal systems.
  • Analyzes global legal pluralism in light of legal theory, constitutionalism, conflict of laws, international law, commercial transactions, and as it affects indigenous polities, religious orders, and citizenship.

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 world's 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.


Introduction-Paul Schiff Berman

Part I From Local to Global: Introductory Stories of Global Legal Pluralism
Introduction to Part I (Paul Schiff Berman)
Chapter 1. Local People and Global Goings On: An African Story (Sally Falk Moore)
Chapter 2. Anthropological Roots of Global Legal Pluralism (Keebet von Benda-Beckmann & Bertram Turner)
Chapter 3. The Eclipse of Global Legal Pluralism in Ethnology: A French Trajectory (Grégoire Mallard)
Chapter 4. An Anthropological Perspective on Legal Pluralism (Sally Engle Merry)
Chapter 5. Empires and Jurisdictional Politics: Legal Pluralism and the Search for Global Order (Lauren Benton)
Chapter 6. Other Parts of the Forest: Some Aspects of Global Legal Pluralism (Carol Weisbrod)
Chapter 7. Manifestations and Arguments: The Everyday Operation of Transnational Legal Pluralism (Peer Zumbansen)

Part II Developing and Contesting a Philosophical Theory of Global Legal Pluralism
Introduction to Part II (Paul Schiff Berman)
Chapter 8. Does Legal Theory Have a Pluralism Problem? (Cormac Mac Amhlaigh)
Chapter 9. Theorizing Justice Under Conditions of Global Legal Pluralism (Víctor M. Muñiz-Fraticelli)
Chapter 10. Conceptual Theories of Law and the Challenge of Global Legal Pluralism: A Legal Interactionist Approach (Wibren van der Burg)
Chapter 11. Pluralist Authority and the Relationship between Plurality and Pluralism (Nicole Roughan)
Chapter 12. Global Legal Pluralism and the Rule of Law (David Lefkowitz)
Chapter 13. Legal Pluralism and the Problem of Evil (Detlef von Daniels)
Chapter 14. Value Pluralism and Legal Pluralism: Using Radbruch's Value-Based Approach to Law to Understand Legal Pluralism (Sanne Taekema)

Part III Global Legal Pluralism and Constitutionalism
Introduction to Part III (Paul Schiff Berman)
Chapter 15. Law Unbounded? The Shifting Stakes in Global Normative Order (Neil Walker)
Chapter 16. Constitutionalism Without Borders and Governance Beyond the States: A Comparative Institutional Approach (Miguel Poiares Maduro & Neil Komesar)
Chapter 17. Transnational Networks and the Construction of Global Law (Oren Perez)
Chapter 18. Federalism as Legal Pluralism (Erin Ryan)

Part IV Global Legal Pluralism and International Law
Introduction to Part IV (Paul Schiff Berman)
Chapter 19. International Law as a System of Legal Pluralism (Frédéric Mégret)
Chapter 20. The Integrative Effects of Global Legal Pluralism (Monica Hakimi)
Chapter 21. International Criminal Law and Legal Pluralism (Elies van Sliedregt)
Chapter 22. Cosmopolitan Pluralist Hybrid Tribunals (Elena Baylis)
Part V Global Legal Pluralism and Conflict of Law
Introduction to Part V (Paul Schiff Berman)
Chapter 23. Global Legal Pluralism and Conflict of Laws (Ralf Michaels)
Chapter 24. Conflicts of Laws Unbounded: The Case for a Legal-Pluralist Revival (Horatia Muir-Watt)

Part VI Global Legal Pluralism and Transnational Commercial Transactions
Introduction to Part VI (Paul Schiff Berman)
Chapter 25. Global Legal Pluralism and Commercial Law (John Linarelli)
Chapter 26. Private Uniform Law and Global Legal Pluralism (Gralf-Peter Caliess & Insa Stephanie Jarass)
Chapter 27. Compliance as an Exchange of Legitimacy for Influence (Kishanthi Parella)
Chapter 28. The Application of Non-State Based Standards in International Arbitration (Shahla Ali)

Part VII Global Legal Pluralism and indigenous Communities
Introduction to Part VII (Paul Schiff Berman)
Chapter 29. E Pluribus Plures: Legal Pluralism and the Recognition of Indigenous Legal Orders (Michael Coyle)
Chapter 30. Indigenous Rights and Intrastate Multijuridicalism (Dwight Newman)
Chapter 31. Legal Pluralism and Indigenous Legal Traditions (Kirsty Gover)

Part VIII Global Legal Pluralism and Religious Communities
Introduction to Part VIII (Paul Schiff Berman)
Chapter 32. State Legal Pluralism and Religious Courts: Semi-Autonomy and Jurisdictional Allocations in Pluri-Legal Arrangements (Jaclyn L. Neo)
Chapter 33. The Future of Religious Arbitration in the United States: Looking Through a Pluralist Lens (Michael A. Helfand)
Chapter 34. Sex Policing in the Arab World (Haider Ala Hamoudi)

Part IX Global Legal Pluralism and the Deterritorialization of Data
Introduction to Part IX (Paul Schiff Berman)
Chapter 35. The Overlapping Web of Data, Territoriality, and Sovereignty (Jennifer Daskal)
Chapter 36. The Problem of Platform Law: Pluralistic Legal Ordering on Social Media (Molly K. Land)
Chapter 37. Fighting Fundamentalism with Pluralism: Technologies of Enlightenment during the Arab Spring (Madhavi Sunder)

Part X Global Legal Pluralism, Membership, and Citizenship
Introduction to Part X (Paul Schiff Berman)
Chapter 38. Membership and Global Legal Pluralism (Peter J. Spiro)
Chapter 39. On the Verge of Citizenship: Negotiating Religion and Gender Equality (Ayelet Shachar)

About the author: 

Edited by Paul Schiff Berman, Walter S. Cox Professor of Law, George Washington University Law School
Paul Schiff Berman, the Walter S. Cox Professor of Law at The George Washington University Law School, is one of the world's foremost theorists on the effects of globalization on the interactions among legal systems. He is the author of over sixty scholarly works, including Global Legal Pluralism: A Jurisprudence of Law Beyond Borders (2012). Berman has been invited to speak and teach at universities throughout the world and has served as a Visiting Professor at Princeton University, Queen Mary University of London, University of Bremen, and Southern Cross University.
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
John Linarelli, Professor of Law, Touro College
Cormac Mac Amhlaigh, Senior Lecturer in Public Law, University of Edinburgh
Miguel Poiares Maduro, Director, School of Transnational Governance, European University Institute
Grégoire Mallard, Professor, Department of Anthropology and Sociology, The Graduate Institute, Geneva
Frédéric Mégret, Professor of Law & William Dawson Scholar, McGill University
Sally Engle Merry, Silver Professor, Department of Anthropology, New York University
Ralf Michaels, Director, Max Planck Institute for Comparative and International Private; Chair of Global Law, Queen Mary University London; Professor, Hamburg University
Sally Falk Moore, Professor of Anthropology, Emerita & Affiliated Professor in International Legal Studies, Harvard University
Víctor M. Muñiz-Fraticelli, Associate Professor of Law and Political Science, McGill University
Jaclyn L. Neo, Associate Professor of Law, National University of Singapore
Dwight Newman, Professor and Canada Research Chair in Indigenous Rights in Constitutional and International Law, University of Saskatchewan
Kishanthi Parella, Associate Professor of Law, Washington & Lee University Oren Perez Dean and Professor of Law, Bar Ilan University
Nicole Roughan, Associate Professor of Law, University of Auckland
Erin Ryan, Elizabeth C. & Clyde W. Atkinson Professor of Law, Florida State University
Ayelet Shachar, Professor of Law, University of Toronto; Director, Max Planck Institute for the Study of Religious and Ethnic Diversity
Elies van Sliedregt, Chair in International & Comparative Criminal Justice, University of Leeds
Peter J. Spiro, Charles R. Weiner Professor of Law, Temple University
Madhavi Sunder, Professor of Law, Georgetown University
Sanne Taekema, Professor of Jurisprudence, Erasmus University
Bertram Turner, Senior Researcher, Project Group Legal Pluralism, Department of Anthropology and Law, Max Planck Institute for Social Anthropology
Neil Walker, Regius Chair of Public Law and the Law of Nature and Nations, University of Edinburgh
Horatia Muir Watt, Professor, Sciences Po Law School
Carol Weisbrod, Professor of Law Emerita, University of Connecticut
Peer Zumbansen, Professor of Transnational Law & Co-Director, Transnational Law Institute, King's College London

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