A Sense of Self-Suspicion: Global Legal Pluralism and the Claim to Legal Authority

Ethics & Global Politics, Vol. 8, No. 1, 2015, pp. 1-20

20 Pages Posted: 1 Apr 2015

See all articles by Mariano Croce

Mariano Croce

Centre for Law and Cosmopolitan Values - University of Antwerp; University of Rome I - Department of Philosophy

Marco Goldoni

University of Glasgow - Faculty of Law & Financial Studies

Date Written: March 31, 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.

Keywords: legal pluralism, global administrative law, liberal political theory, legal authority, symbolic power

Suggested Citation

Croce, Mariano and Goldoni, Marco, A Sense of Self-Suspicion: Global Legal Pluralism and the Claim to Legal Authority (March 31, 2015). Ethics & Global Politics, Vol. 8, No. 1, 2015, pp. 1-20. Available at SSRN: https://ssrn.com/abstract=2587687 or http://dx.doi.org/10.2139/ssrn.2587687

Mariano Croce (Contact Author)

Centre for Law and Cosmopolitan Values - University of Antwerp ( email )

Prinsstraat 13
Antwerp, Antwerp 2000
Belgium

University of Rome I - Department of Philosophy ( email )

Roma, 00185
Italy

Marco Goldoni

University of Glasgow - Faculty of Law & Financial Studies ( email )

Glasgow, Scotland
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/marcogoldoni/#tabs=0

Register to save articles to
your library

Register

Paper statistics

Downloads
37
Abstract Views
291
PlumX Metrics