Rethinking the Rethinking of Legal Pluralism: Toward a Manifesto for a Pluri-Legal Perspective

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Abstract

The paper addresses the perpetual discontent evoked by the concept of legal pluralism, one which, in turn, brings about incessant efforts to "rethink"it. We suggest that one of the sources of this discontent is the erroneous view that legal pluralism is a theory, and the consequent misguided expectations that it should provide scholars of law and society with causal hypotheses and explanations. We argue that legal pluralism is not a theory but a research perspective, and, as such, is not meant to provide us with explanatory propositions, but rather to increase our awareness of the plurality and inter-relationality of socio-legal spheres and of the implications thereof. We further identify - and briefly discuss - the four core principles of a pluri-legal perspective: plurality, relationality, power, and agency. Taken together, these four premises constitute a manifesto of sorts for a pluri-legal perspective.

Original languageAmerican English
JournalLaw and History Review
DOIs
StateAccepted/In press - 2023

All Science Journal Classification (ASJC) codes

  • History
  • Law

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