The Conceptual Problems Arising from Legal Pluralism

Autor: Jorge Luis Fabra-Zamora
Rok vydání: 2022
Předmět:
Zdroj: Canadian Journal of Law and Society / Revue Canadienne Droit et Société. 37:155-175
ISSN: 1911-0227
0829-3201
DOI: 10.1017/cls.2021.39
Popis: This paper argues that analytical jurisprudence has been insufficiently attentive to three significant puzzles highlighted by the legal pluralist tradition: the existence of commonalities between different types of law, the possibility of a distinction between law and non-law, and the explanatory centrality of the state. I further argue that the resolution of these questions sets the stage for a renewed agenda of analytical jurisprudence and has to be considered in attempts for reconciliation between the academic traditions of analytical jurisprudence and legal pluralism, often called “pluralist jurisprudence.” I also argue that the resolution of these problems affects the empirical, doctrinal, and politico-moral inquiries about legal pluralism.
Databáze: OpenAIRE