Manifestations and Arguments: The Everyday Operation of Transnational Legal Pluralism
Posted: 29 Jul 2020
Date Written: February 7, 2018
Rather than approaching the, for some, endlessly perplexing, for others, rather evidentiary, 'obvious' field of "legal pluralism" [LP] in a global context from a jurisprudential stance and to ask about LP's place between "law" and "non-law", my suggestion is to approach the subject differently. At the center of this approach are several framings of the subject, according to the contexts in which discussions around LP can be situated. These contexts determine to a significant degree the way in which LP is defined, assessed as well as distinguished vis-à-vis other, different as well as complementing conceptions. The emphasis will be placed on the function of LP in two respects. Practically speaking, we can "see" the manifestation, existence and operation of LP - quite literally - in our quotidian interactions and engagements with law. In addition, from the perspective of ideology, we are prompted to assess the function that references to LP play in legal argumentation. When, in other words, and for what purpose, are such references made? What are the stakes of drawing the line between law and legal pluralism?
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