A Response to Commentators on In Pursuit of Pluralist Jurisprudence

(2017) 8 Transnational Legal Theory 415-423

9 Pages Posted: 20 Aug 2018

See all articles by Nicole Roughan

Nicole Roughan

University of Auckland - Faculty of Law

Andrew Halpin

National University of Singapore (NUS) - Faculty of Law

Date Written: December 18, 2017

Abstract

This is a response to Jason Allen, Richard Collins, Michael Dowdle, Kirsty Gover and Victor Ramraj – five commentators on In Pursuit of Pluralist Jurisprudence (CUP, 2017), whose commentaries have been published in Transational Legal Theory and provided the opportunity for us to revisit the understanding of pluralist jurisprudence that we ourselves have developed in responding to the other contributions to the book and portrayed in our own contribution as a theory ‘that can be characterized as both legal and distinctively pluralist’. We attempt to make use of this opportunity to clarify and reiterate some of the key elements that, in our view, are indispensable to realizing these aims. These include the particular role of the aspirational or normative, the interaction between legal and political at the foundations and the workings out of a pluralist jurisprudence, the implications of methodological commitment and revision, and the significance of ontological engagement and contestability. We also note pluralist jurisprudence is sufficiently rich as to attract attention from a wide variety of viewpoints and welcome these commentaries as valuable evidence of the fertile condition of this emergent discipline and of the breadth of the challenges it raises.

Keywords: legal pluralism, pluralist jurisprudence, methodology, normative agendas, law and politics, ontological contestability

Suggested Citation

Roughan, Nicole and Halpin, Andrew, A Response to Commentators on In Pursuit of Pluralist Jurisprudence (December 18, 2017). (2017) 8 Transnational Legal Theory 415-423 . Available at SSRN: https://ssrn.com/abstract=3228037

Nicole Roughan (Contact Author)

University of Auckland - Faculty of Law ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

Andrew Halpin

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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