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The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: how precisely is it to be undertaken? Is it called for by developments in legal practice or are these adequately addressed by current legal theory? What normative challenges are raised, and what fresh promises might the pluralist turn hold? What distinctive insights can it offer for theorising about law? This book presents a rich variety of resources drawn from a number of theoretical approaches and demonstrates how they might be brought together to generate an increasingly important pluralist jurisprudence.
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IN PURSUIT OF PLURALIST JURISPRUDENCE
The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: How precisely is it to be undertaken? Is it called for by developments in legal practice or are these adequately addressed by current legal theory? What normative challenges are raised, and what fresh promises might the pluralist turn hold? What distinctive insights can it offer for theorising about law? This book presents a rich variety of resources drawn from a number of theoretical approaches and demonstrates how they might be brought together to generate an increasingly important pluralist jurisprudence. nicole roughan is the author of Authorities: Conflicts, Cooperation and Transnational Legal Theory (2013) and is working on a new monograph, Officials. She is a recipient of a 2016 Rutherford Discovery Fellowship from the Royal Society of New Zealand Te Apārangi, to undertake a major research project on Jurisprudence without Borders. andrew halpin has published widely in areas of legal theory, including on the impact novel legal phenomena arising in a global context have had upon general theories of law. He has previously co-edited a collection of essays, Theorising the Global Legal Order (2009).
IN PURSUIT O F PLURALIST JURISPRUDENCE Edited by NICOLE ROUGHAN National University of Singapore
ANDREW HALPIN National University of Singapore
University Printing House, Cambridge CB2 8BS, United Kingdom One Liberty Plaza, 20th Floor, New York, NY 10006, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia 4843/24, 2nd Floor, Ansari Road, Daryaganj, Delhi – 110002, India 79 Anson Road, #06–04/06, Singapore 079906 Cambridge University Press is part of the University of Cambridge. It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence. www.cambridge.org Information on this title: www.cambridge.org/9781107183964 DOI: 10.1017/9781316875056 © Cambridge University Press 2017 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2017 Printed in the United Kingdom by Clays Ltd A catalogue record for this publication is available from the British Library. Library of Congress Cataloging-in-Publication Data Names: Roughan, Nicole, editor. | Halpin, Andrew (Law teacher), edit