Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.

A sense of self-suspicion: global legal pluralism and the claim to legal authority / Croce, Mariano; Goldoni, Marco. - In: ETHICS & GLOBAL POLITICS. - ISSN 1654-4951. - ELETTRONICO. - 8:1(2015), pp. 1-20. [10.3402/egp.v8.26343]

A sense of self-suspicion: global legal pluralism and the claim to legal authority

CROCE, Mariano;
2015

Abstract

Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.
2015
global administrative law; legal authority; legal pluralism; liberal political theory; symbolic power; sociology and political science; political science and international relations
01 Pubblicazione su rivista::01a Articolo in rivista
A sense of self-suspicion: global legal pluralism and the claim to legal authority / Croce, Mariano; Goldoni, Marco. - In: ETHICS & GLOBAL POLITICS. - ISSN 1654-4951. - ELETTRONICO. - 8:1(2015), pp. 1-20. [10.3402/egp.v8.26343]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/897584
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