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Global Legal Pluralism: A Jurisprudence Of Law Beyond Borders (Introduction), Paul Schiff Berman
Global Legal Pluralism: A Jurisprudence Of Law Beyond Borders (Introduction), Paul Schiff Berman
GW Law Faculty Publications & Other Works
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational, and nonstate communities. Navigating these spheres of complex overlapping legal authority is inevitably confusing, and we cannot expect territorial borders to solve all the problems that arise because legal norms inevitably flow across such borders. At the same time, trying to create one universal set of legal rules is also often unsuccessful because the sheer variety of human communities and interests thwarts such efforts. Instead, we need an alternative jurisprudence, one …
Conflict Of Laws, Globalization, And Cosmopolitan Pluralism, Paul Schiff Berman
Conflict Of Laws, Globalization, And Cosmopolitan Pluralism, Paul Schiff Berman
GW Law Faculty Publications & Other Works
This essay is a contribution to a symposium at the January 2005 annual meeting of the Association of American Law Schools Section on Conflict of Laws. More than ten years ago, German theorist Gunther Teubner called for the creation of an "intersystemic conflicts law," derived not just from collisions between the distinct nation-states of private international law, but from what he described as "conflicts between autonomous social subsystems." Since then, the web of intersystemic lawmaking Teubner described has only grown more complex. The collision of these multiple legal and quasi-legal normative systems requires, as Teubner suggested, a broader approach to …