Demystifying Legal Pluralism
M. Isabel Garrido Gómez (University of Alcala) has posted Forms of Demystifying Legal Pluralism on SSRN.
Here is the abstract:
Globalization is given impetus by the needs of the global economy and by the unequal distribution of power. And there are new spaces where there are innovating socio-post-materialistic programmes and policies to promote peace, the well-being of the environment, gender and racial equality, that are led by new groups and social movements. These ideas have influence in the new conception of law. In the second part, with the goal of demystifying legal pluralism we study substantive and formal instruments. Finally, we show an formal/substantive instrument that is represented by the equality because the concept has its origin in the creation of a legal and social order in which the independence of the individual could only be obtained by positioning him under the auspices of the legal power of the State, with the concept of independence being linked to a formal system and economic autonomy.
“Forms of Demystifying Legal Pluralism” (November 29, 2017), Jurisprudence & Legal Philosophy eJournal.