1. What is it?
2. What does it say?
3. “Weak” or “State” Pluralism
- destruction of minority laws by incorporative corruption;
- an “othering” of those who adhere to “non-state”, albeit accepted laws, creating a threat to legal equality;
- complex systems of rights and norm balancing, person identification and categorisation.
4. “Strong” or “Deep” Pluralism
5. Globalisation does not challenge state law in favour of strong legal pluralism
Question: “The mobility of people and law in a transnational world challenges the notion of a single site of legal sovereignty in favour of a more multi-faceted concept of law which acknowledges that “state law is not the only source of power” – Discuss.
6. The value of legal pluralism is in its accommodation of diversity.
The value of legal pluralism is that it accommodates diversity by according legitimacy to a number of different perspectives on law by upholding a range of narratives that might otherwise be suppressed (by a traditional or legal formalist view of law) – Discuss.
legal pluralism recognises more fo law’s relationships with affecting factors and alternative normative pressures, and therefore paints law as more responsive and consequently more powerful and with more utility.
By incorporating a range of narratives into the approach to the construction of law, legal pluralism outlines the democratic legitimacy created by the incorporation of those diverse narratives. Further, this ensures that legal legitimacy is based on its democratic counterpart, regardless of political system, and not centralised de jure sovereign power.
Pluralism accommodates the diversity of experiences and utilities of law which individuals have. This may have developed due to the expansion of law into new areas of life over time, i.e. interpersonal relationships, travel and migration, privacy, security etc. However, it is key that the diversity accommodated is limited.
So, what’s the sum lowdown on this legal pluralism thing? It’s incredibly important that legal professionals recognise the pluralism which exists in normative pressures on the lives of individuals, and the multiplicitous ways in which legal persons utilise law. This holds strong links with ideas of civil and political rights. For example, the right to a fair trial is universal, but will not be exercised by every person simultaneously, or for some even at any occasion in there life. Regardless, it is essential that we uphold and recognise the importance of this reality.
Legal Pluralism may be defined under a banner of sociology, but it is essentially a jurisprudential mandate to the underlying purpose of justice which the law normatively embodies.