Margaret Davies: Law Unlimited: Materialism, Pluralism, and Legal Theory

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...

Why We Have No Theory of European Private Law Pluralism

The recent popularity of legal pluralism has now reached the area of European private law. In this paper I scrutinize the concepts of legal pluralism used by three of its most prominent proponents: Pierre Legrand, Jan Smits, and Thomas Wilhelmsson. I do not offer fully-fledged criticism of their theories (each of which are among the most fascinating and helpful in the European private law debat...

Legal Realism as Theory of Law

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 ...

LAW AND EVOLUTIONARY THEORY From “ Evolutionary Theory and Law ” to a “ Legal

Evolutionary theories have always been treated by legal scholars as a sort of cousin to the legal theoretical family, both in Europe and the United States. They are nice theories, they tell interesting stories, you sometimes listen to what they have to say and when among friends, you may even quote them. However, in the modern mononuclear family, when it is time to tackle important issues and r...