Title

Law and Legal Pluralism: Hybridity in Transnational Governance

Document Type

Book Chapter

Publication Date

2013

Source Publication

Regulatory Hybridization in the Transnational Sphere. Leiden: Martinus Nijhoff Publishers, 2013.

Keywords

Global Constitutionalism; Global Governance; hybridity; Legal Pluralism; NGOs; non-state actors; political philosophy; Transnational law

Abstract

The paper takes the currently much belabored concepts of “global governance” and “global constitutionalism” as starting points to ask what they can teach us about the role and function of law today. Suggesting that we take a greater interest in how governance conflicts today must be addressed from a host of national, international, hard and soft “law” norms, disseminated and administered by actors on different levels and often with “non-state” law-making authority, the paper points to the need to see legal norms as part of an evolving regulatory landscape that can best be described as transnational. In light of the shifts and the interesting new forms of co-existence and cooperation between state and non-state actors in the production of transnational norms, it becomes more and more obvious that law, legal theory as well as the sociology of law are part of a more comprehensive and multidisciplinary engagement with the institutional and normative challenges arising in the global context.

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