Endogeneity and its Discontents: Teubner and Selznick on Legal Pluralism

Abstract:     
Although Teubner presents reflexive law as a development of Selznick's responsive law, distinguishing them enables examination of their respective strengths and weaknesses.

Teubner collapses Selznick's concerns with purpose and integrity into normativity and system closure. Responsive law notices connections as it re-imagines ideals and enables understanding reflexive law's acceptance of taken-for-granted injustices.

Selznick collapses Teubner's concern with global communication and multiplicity into community participation and organicism. Reflexive law notices heterarchy as it re-imagines internationalism and enables understanding responsive law's acceptance of subordination and minimization of the challenges from those outside our community.

This short paper emphasizes the endogenous account of law and society that emerges from Selznick's pragmatism as the vehicle for reaching these conclusions.

Number of Pages in PDF File: 9

Keywords: Teubner Selznick, reflexive law, responsive law, pragmatism

JEL Classification: K20

working papers series