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...

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...

Meanings of pluralism in different disciplines – Meaning in jurisprudence, esp. European Court of Human Rights – Feature of society and idea of society – Individual freedom v. group existence – Politics, religion, education – Pluralism as expression of rights and as guarantee of rights – Rejection of legal pluralism – Contradiction of elitist theory – State protection of pluralism and its limits

Death concept, death definition, death criterion and death test pluralism has been described by some as a problematic approach. Others have claimed it to be a promising way forward within modern pluralistic societies. This article describes the New Jersey Death Definition Law and the Japanese Transplantation Law. Both of these laws allow for more than one death concept within a single legal sys...

Philosophers and legal theorists still disagree about the correct analysis of ‘rights’, both moral and legal. The ‘Will Theory’ and the ‘Interest Theory’—the two main views—can each account for various features of rights, but neither of them is totally satisfactory. The controversy has now been running for decades and seems irresolvable. I will contend in this paper that the discussion of ‘valu...