The aim of the article is to map the various forms of legal pluralism concerning contemporary law and its transformations. Legal pluralism is a highly protean notion. Its field of possible signification is increasingly wide and diverse. In a first meaning, legal pluralism can be used to refer to the existence of a multiplicity of rules, legal sources, regulatory repertoires, not necessarily of state origin, appliable within the state legal order. In a second meaning, legal pluralism refers to a multiplicity of legal orders, regimes, bodies of rules, judicial and quasi-judicial institutions which coexist in the transnational space and in the same global context. Legal pluralism is a key concept to understand today's law, a framework that encompasses a variety of legal phenomena operating side by side, with diversified points of overlap, conflict and mutual influence. It reflects the complexity of law. Ordering multiplicity and complexity, without eliminating them, is an attainable goal, which implies the commitment of the interpreters.
Pluralismi giuridici e trasformazioni del diritto contemporaneo
PASTORE, B.
2021
Abstract
The aim of the article is to map the various forms of legal pluralism concerning contemporary law and its transformations. Legal pluralism is a highly protean notion. Its field of possible signification is increasingly wide and diverse. In a first meaning, legal pluralism can be used to refer to the existence of a multiplicity of rules, legal sources, regulatory repertoires, not necessarily of state origin, appliable within the state legal order. In a second meaning, legal pluralism refers to a multiplicity of legal orders, regimes, bodies of rules, judicial and quasi-judicial institutions which coexist in the transnational space and in the same global context. Legal pluralism is a key concept to understand today's law, a framework that encompasses a variety of legal phenomena operating side by side, with diversified points of overlap, conflict and mutual influence. It reflects the complexity of law. Ordering multiplicity and complexity, without eliminating them, is an attainable goal, which implies the commitment of the interpreters.File | Dimensione | Formato | |
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