The Pursuits and Promises of Pluralist Jurisprudence
Nicole Roughan and Andrew Halpin, "The Pursuits and Promises of Pluralist Jurisprudence" in Nicole Roughan and Andrew Halpin (eds), IN PURSUIT OF PLURALIST JURISPRUDENCE (Cambridge: Cambridge University Press, 2017)
33 Pages Posted: 27 Jun 2017
Date Written: June 25, 2017
This is the final chapter in a collection of essays on Pluralist Jurisprudence, in which the editors engage with the contributions from Roger Cotterrell, Maksymilian Del Mar, Cormac Mac Amhlaigh, Ralf Michaels, Sanne Taekema, Joseph Raz, Detlef von Daniels, Stefan Sciaraffa, Neil Walker, Margaret Davies, Kirsten Anker and Martin Krygier; consider the different pursuits that can be associated with a pluralist jurisprudence; reflect on how these different pursuits need to be combined in order to deliver a viable pluralist jurisprudence; and propose their own candidate pluralist theory of law.
The candidate theory is put forward as an illustration of the four integrated pursuits of a pluralist jurisprudence: (a) the recognition of pluralism, (b) a practical outworking of pluralism, (c) a normative or aspirational agenda for pluralism, and (d) a theoretical account of pluralism. The theory possesses an idealist edge in looking to unlock what might be regarded as the promise of pluralism itself through the outworkings of pluralist law, but tempers idealism with realism in stressing that any fulfilment of the full promise of pluralism is dependent upon the responses of officials and subjects to plurality and pluralist claims.
The chapter also offers further reflection on the difference between an inherent idealism for pluralist jurisprudence, associated with the technical outworkings of pluralist law, and an instrumental idealism within pluralist jurisprudence, associated with the subjection of pluralist legal practices to some extrinsic vision of what those practices might achieve.
Keywords: Legal Pluralism, Pluralist Jurisprudence, Transnational Law, Global Law, Constitutional Pluralism, Methodology of Jurisprudence, Global Justice, Rule of Law, Concept of Law, Legal Reasoning, Genealogical Perspective, Indigenous Law
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