The Conceptual Problems Arising from Legal Pluralism
Autor: | Jorge Luis Fabra-Zamora |
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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 |
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