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Rechtspluralismus und Rechtsgeltung

Nomos,  2016, 388 Pages

ISBN 978-3-8487-2065-1

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The work is part of the series Studien zur Rechtsphilosophie und Rechtstheorie (Volume 66)
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englischHow can the validity of law be justified under conditions of legal pluralism? The paradigm of legal pluralism has been subject to intense debate, originating in the social sciences and gaining significance in legal theoretical contexts. These discussions refer to empirical phenomena as well as to practical problems – such as the habitual practices of cultural minorities or the normative orders of globalized society (i.e., transnational investment law or the “lex digitalis”). Many of these problems are highly controversial on the political Level and thus point to a challenging ambivalence of the concept of legal pluralism. Precisely this ambivalence is fruitful from a legal theoretical perspective.

The author advances an analysis and reconstruction of the genesis and major issues of legal pluralism – a complex, contested and in many respects vague concept. Upon this basis, he develops a theoretically grounded approach to a pluralist concept of legal validity.

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