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Forms of Demystifying Legal Pluralism

Garrido Gómez, M. Isabel. Forms of Demystifying Legal Pluralism (November 29, 2017), Jurisprudence & Legal Philosophy eJournal.

35 Pages Posted: 4 Dec 2017  

M. Isabel Garrido Gómez

University of Alcala

Date Written: November 29, 2017

Abstract

Globalization is given impetus by the needs of the global economy and by the unequal distribution of power. And there are new spaces where there are innovating socio-post-materialistic programmes and policies to promote peace, the well-being of the environment, gender and racial equality, that are led by new groups and social movements. These ideas have influence in the new conception of law. In the second part, with the goal of demystifying legal pluralism we study substantive and formal instruments. Finally, we show an formal/substantive instrument that is represented by the equality because the concept has its origin in the creation of a legal and social order in which the independence of the individual could only be obtained by positioning him under the auspices of the legal power of the State, with the concept of independence being linked to a formal system and economic autonomy.

Keywords: Legal Pluralism, Globalization, Global Law, the New Continental Law, Cosmopolitarianism and Human Rights, Harmonization of Law, Comparative Law, Equality

JEL Classification: K1

Suggested Citation

Garrido Gómez, M. Isabel, Forms of Demystifying Legal Pluralism (November 29, 2017). Garrido Gómez, M. Isabel. Forms of Demystifying Legal Pluralism (November 29, 2017), Jurisprudence & Legal Philosophy eJournal. . Available at SSRN: https://ssrn.com/abstract=3079878

M. Isabel Garrido Gómez (Contact Author)

University of Alcala ( email )

Libreros, 27
Facultad de Derecho
Alcala de Henares, Madrid 28801
Spain

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