Legal Norms' Distinctiveness in Legal Transplants and Global Legal Pluralism

The Internet, Legal Regulation and Legal Pluralism

Considerable academic effort is being expended in considering how to regulate various activities on the internet, particularly those as relate to obscene material, breaches of privacy and challenges to intellectual property rights. Post and Johnson (1997) offer the following solution which is typical; 'We believe that the most obvious answer to this question -existing territorial sovereigns -ma...

The Evolution of Global Legal Pluralism

Mixing Legal and Non-legal Norms

In Boer et al. (viz. [9]) we argued that evaluation of draft legislation, change from an old to a new regime, harmonization of legislation from multiple jurisdictions, and the decision to move a good, person, or service over the borders of a jurisdiction, involves a process of integration and comparison of preference structures. This paper argues that legal norms are in many contexts best under...

Western Legal Transplants and India

HAL is a multi-disciplinary open access archive for the deposit and dissemination of scientific research documents, whether they are published or not. The documents may come from teaching and research institutions in France or abroad, or from public or private research centers. L’archive ouverte pluridisciplinaire HAL, est destinée au dépôt et à la diffusion de documents scientifiques de niveau...

Constitutionalism, Legal Pluralism, and International Regimes

The international legal order, although pluralist in structure, is in the process of being constitutionalized. This article supports this claim in several different ways. In the Part L I argue that most accepted understandings of "constitution" would readily apply to at least some international regimes. In Part II, I discuss different notions of "constitutional pluralism," and demonstrate that ...