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A Reconstruction Of Transnational Legal Pluralism And Law’S Foundations, Brian Z. Tamanaha
A Reconstruction Of Transnational Legal Pluralism And Law’S Foundations, Brian Z. Tamanaha
Scholarship@WashULaw
This essay addresses core theoretical issues surrounding global/transnational legal pluralism, taking up the work of leading theorists. First, I demonstrate that global legal pluralism is very different from earlier versions of legal pluralism (postcolonial and sociological). Next, I expose the flaw of over-inclusive conceptions of legal pluralism, which appears in the global legal pluralism of Paul Berman, and I explain why theoretical concepts of law cannot solve this flaw. I then address the profusion of private and hybrid regulatory forms on the domestic and transnational levels, and I mark the line between theory and practice. Thereafter, I expose problems with …