Legal pluralism, social theory, and the state

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

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 ...

Legal Pluralism Between Islam and the Nation-State: Romantic Medievalism or Pragmatic Modernity?

This Essay attempts a reconciliation of sorts between two perspectives on legal pluralism, via specific reference to Islamic law, most notably in its pre-modern guise. The Essay begins with a provisional commitment to legal centralism, but primarily as a means of securing a functional place for sub-State reglementary regimes. To this end, legal centralism, as presented, is tempered by a demonst...

Jabri , the theory of state: the social power and ideal of democratic changes

  Mohammed Abed al-jabri has advanced tow main projects in his intelectual endeavours: first, an anattempt to study and reveal, as he say, Arab-islamic reason, second to propuse ideas to  restrucutring it with an aim for political changes in The line of democratic order. In this propuse, he confronts, both directly and idirectly, with a theory of state. This research deals with consisteney of...