TY - JOUR
T1 - Rethinking the Rethinking of Legal Pluralism
T2 - Toward a Manifesto for a Pluri-Legal Perspective
AU - Shahar, Ido
AU - Yefet, Karin Carmit
N1 - Publisher Copyright: © The Author(s), 2023. Published by Cambridge University Press on behalf of American Society for Legal History.
PY - 2024/5/9
Y1 - 2024/5/9
N2 - 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.
AB - 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.
UR - http://www.scopus.com/inward/record.url?scp=85162194402&partnerID=8YFLogxK
U2 - 10.1017/S0738248023000184
DO - 10.1017/S0738248023000184
M3 - Article
SN - 0738-2480
VL - 42
SP - 223
EP - 235
JO - Law and History Review
JF - Law and History Review
IS - 2
ER -