Legal Norms' Distinctiveness in Legal Transplants and Global Legal Pluralism

ISA Annual Convention Catalytic Workshop - What Makes Legal Norms Distinctive, 2013

31 Pages Posted: 7 Aug 2013

See all articles by Toby S. Goldbach

Toby S. Goldbach

University of British Columbia, Allard School of Law

Date Written: March 19, 2013

Abstract

This paper examines the transnational movement of law and legal pluralism in the transnational domain in order to play with a specific question: whether legal norms are distinctive or whether there is a distinctive way that legal norms operate in practice. The paper engages with the International and considers two empirical domains or sets of disciplines: Legal Transplants and Global Legal Pluralism. Both reflect on the relationships between multiple overlapping legal orders and between "donors" and "recipients" in interactional legal practices. These disciplines point to moments of problem-articulation, periods of translation, and practices of acceptance and recognition. The paper suggests preliminary conclusions about the distinctiveness of legal norms, specifically that there is an aesthetic to law reform or legal instrumentalism and to a practice of recognition between overlapping normative options, both of which generate a particular kind of fidelity to law and legal norms.

Keywords: Legal Transplants, Legal Pluralism, International Relations, Legal Norms

Suggested Citation

Goldbach, Toby Susan, Legal Norms' Distinctiveness in Legal Transplants and Global Legal Pluralism (March 19, 2013). ISA Annual Convention Catalytic Workshop - What Makes Legal Norms Distinctive, 2013, Available at SSRN: https://ssrn.com/abstract=2306782 or http://dx.doi.org/10.2139/ssrn.2306782

Toby Susan Goldbach (Contact Author)

University of British Columbia, Allard School of Law ( email )

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