The Oxford Handbook of Global Legal Pluralism (Oxford Handbooks)

Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation. Cover The Oxford Handbook of Global Legal Pluralism Copyright Contents List of Contributors Understanding Global Legal Pluralism: From Local to Global, from Descriptive to Normative 1 From Local to Global 2 From Sovereignty to Authority 3 Global Legal Pluralism as a Descriptive Project 4 Global Legal Pluralism and International Law 5 Global Legal Pluralism as a Normative Project 6 Global Legal Pluralism and Cosmopolitanism 7 Global Legal Pluralism, the Rule of Law, and Democracy 8 The Politics of Global Legal Pluralism Part I: FROM LOCAL TO GLOBAL: INTRODUCTORY STORIES OF GLOBAL LEGAL PLURALISM Chapter 1: Local People and Global Goings-On: An African Story 1.1 Introduction 1.2 The Mid-Nineteenth Century 1.2.1 Early Translocal Connections 1.2.2 Chiefs and Their Subjects, before 1885 1.3 The German Colonial Period 1.4 The British Colonial Period 1.4.1 Fewer Chiefdoms, Limiting Chiefly Power 1.4.2 Parallel Events in the Coffee Culture of Kilimanjaro 1.4.3 Educational Disparities in Local Kinship Groups 1.4.4 Colonial Contact and Supervision 1.5 Independence 1961 and Political Administration in the Countryside 1.5.1 The Abolition of Land Titles 1.5.2 The Reorganization of the Citizenry 1.5.3 Education for All 1.5.4 The Abolition of Chiefship 1.5.5 Kinship, Law, and Identity in the Nineteenth and Twentieth Centuries 1.6 Conclusion Chapter 2: Anthropological Roots of Global Legal Pluralism 2.1 Introduction 2.2 Legal Complexity in Early History 2.3 Early Twentieth-Century: Empirical Studies—Law Embedded in Social and Political Contexts 2.4 1940–1970: From Disputes as a Source of Law to Law in Practice 2.5 Social and Legal Complexity 2.5.1 Consolidating Research on Disputing Processes 2.5.2 Critique of “Customary Law” 2.5.3 The Concept of Legal Pluralism 2.5.4 Additional Concepts 2.6 Global Dynamics 2.6.1 Transnationalization and the Transfer of Law 2.6.2 Law Reform and Development Cooperation 2.6.3 Human Rights, Indigenous Rights, and Minorities 2.6.3.1 Indigenous Peoples 2.6.3.2 Other Minorities 2.6.4 Transnational and Translocal Communities 2.6.5 Transnationalizing Religious Law 2.6.5.1 Historical Developments 2.6.5.2 Entanglements 2.6.5.3 Conflict Management 2.6.5.4 Technologies and Religious Law 2.7 Space, Time, Scale, and Hyperregulation: The Proliferation of Plural Legal Situations 2.8 The Politics of Global Legal Pluralism 2.9 Expanding the Notion of Legal Pluralism Toward Its Futures: From Universe to Pluriverse 2.10 Some Conclusions Chapter 3: The Eclipse of Global Legal Pluralism in Ethnology: A French Trajectory 3.1 The Institutionalization of Ethnology within the Context of French Colonialism 3.2 Mauss’s The Nation and the Ethnographic Study of Legal Pluralism in the French Colonies 3.3 Mauss’s Students and the French Ethnological School of Global Legal Pluralism before the Second War 3.4 The Algerian War and the New Role of Ethnologists in Algeria 3.5 Pierre Bourdieu and the Demise of Global Legal Pluralism in French Ethnology 3.6 Conclusion Chapter 4: An Anthropological Perspective on Legal Pluralism 4.1 Four Critical Insights of Legal Pluralism 4.2 The Concept of Legal Pluralism 4.3 Legal Pluralism in Practice 4.3.1 Community Mediation 4.3.2 Colonial Law 4.3.3 Human Rights 4.3.4 Women’s Courts in India 4.4 Conclusion Chapter 5: Empires and Jurisdictional Politics: Legal Pluralism and the Search for Global Order 5.1 Jurisdictional Politics in Conquest and Colonization 5.2 Imperial Sovereignty and Rights 5.3 Global Orders 5.4 Conclusion Chapter 6: Other Parts of the Forest: Some Aspects of Global Legal Pluralism 6.1 Introduction 6.2 One: Disciplines and Canons 6.3 Two: Historical Experiences 6.4 Three: Pluralism and Legal Education 6.5 Four: “Mere Lawyers” and Others 6.6 Five: The Assumption of Liberalism 6.7 Conclusion Chapter 7: Manifestations and Arguments: The Everyday Operation of Transnational Legal Pluralism 7.1 Introduction: Legal Pluralism and the State/Law Nexus 7.2 “The State’s” Trouble with Legal Pluralism 7.2.1 Pluralism and Unity 7.2.2 Law’s Inherent Interdisciplinarity 7.3 Legal Pluralism and Transnational Law 7.4 Transnational Legal Pluralism: The DNA of Law in a Global Context 7.4.1 Actors, Norms, and Processes in Transnational Law 7.4.2 A Transnational Law in Context: A Jurisprudence of Humility Part II: DEVELOPING AND CONTESTING A PHILOSOPHICAL THEORY OF GLOBAL LEGAL PLURALISM Chapter 8: Does Legal Theory Have a Pluralism Problem? 8.1 Introduction: Legal Theory’s Pluralism Problem 8.2 Approaching Legal Theory’s Pluralism Problem 8.3 Reporting Legal Theory’s Pluralism Problem 8.3.1 The Strong Claim: All Law Is State Law 8.3.2 The Intermediate Claim: State Law Is the Paradigm of the Concept of Law 8.3.3 The Weak Claim: Legal Theory Has Neglected Nonstate Forms of Law 8.4 Locating Legal Theory’s Pluralism Problem 8.4.1 Analyzing the Strong Claim: Kelsen and the Unity and Identity Theses 8.4.2 Examining the Intermediate Claim: State Law Is a Paradigm Form of Law 8.4.3 Examining the Weak Claim: Legal Theory Has Neglected Nonstate Forms of Law 8.5 Conclusion: Appraising Legal Theory’s Pluralism Problem Chapter 9: Theorizing Justice under Conditions of Global Legal Pluralism 9.1 Global Legal Pluralism as Normative Theory and Methodology 9.1.1 The Normative Critique of Legal Pluralism 9.1.2 The Methodological Response 9.2 Rawls’s Theory of Justice under Conditions of Global Legal Pluralism 9.2.1 A General Outline of Rawls’s Theory of Justice 9.3 Global Legal Pluralism and the Conditions of Practical Possibility 9.3.1 Idealizing Assumptions about the Well-Ordered Society 9.3.2 Pluralism and the Constraints of the Concept of Right 9.3.3 Pluralism, the Circumstances of Politics, and the Circumstances of Law 9.4 Conclusion Chapter 10: Conceptual Theories of Law and the Challenges of Global Legal Pluralism: A Legal Interactionist Approach 10.1 Challenges for Conceptual Theories of Law 10.2 Lon L. Fuller 10.3 Philip Selznick 10.4 Legal Interactionism 10.5 Conceptual Pluralism 10.6 Definitional Pluralism 10.7 Conclusion: How Legal Interactionism Can Deal with the Challenges of Global Legal Pluralism Chapter 11: Pluralist Authority and the Relation between Plurality and Pluralism 11.1 The Relations between Plurality and Pluralism in Pluralist Jurisprudence 11.2 Plurality 11.2.1 Plurality of What? 11.2.2 What Is Plurality? 11.3 Pluralism 11.3.1 Instrumental and Intrinsic Justifications 11.3.2 Normativity or Normativities 11.3.3 Subjects as Recipients or Referents for Justification 11.4 Why Authority? 11.4.1 Authority’s Complexity: Reasons and Relations 11.5 Conclusion Chapter 12: Global Legal Pluralism and the Rule of Law 12.1 Rule of Law Challenges to Normative Legal Pluralism 12.2 The Argument from Equivalence 12.3 The Argument from Trade-offs among Conflicting Values 12.4 The Argument from Legitimacy Chapter 13: Legal Pluralism and the Problem of Evil 13.1 Introduction 13.2 The Problem of Evil: A Literary Account 13.3 The Origin of the Debate on Legal Pluralism 13.4 The Austro-Hungarian Modus Vivendi as Background for Ehrlich’s Legal Pluralism 13.5 Kelsen’s Legal Positivism as a Second Answer to the Historical Condition 13.6 The Gorgonian Head of Power Stares at Us 13.7 The Rule of Law as Minimal Background Condition for Legal Pluralism? 13.8 The Dialectics of Minimalism 13.9 The Demise of Legal Profession and Scholarship 13.10 In the Eye of the Hurricane 13.11 Coda Chapter 14: Value Pluralism and Legal Pluralism: Using Radbruch’s Value-Based Approach to Law to Understand Global Legal Pluralism 14.1 Introduction 14.2 Conceptual Distinctions in Value Pluralism 14.3 Value Pluralism and Legal Pluralism within a Liberal Order 14.4 Value Pluralism and Legal Pluralism in a Global Setting 14.5 Radbruch’s Value-Oriented Theory of Law 14.6 Antinomies of Legal Values in the Global Setting 14.7 Concluding Remarks Part III: GLOBAL LEGAL PLURALISM AND CONSTITUTIONALISM Chapter 15: Law Unbounded? The Shifting Stakes in Global Normative Order 15.1 Of Law and Boundaries1 15.2 The Territorial Principle and the Constitutional State 15.3 Globalization and the Mutation of Legal Boundaries 15.4 The Migration of Legal Ideas: The Shifting Justificatory Burden Chapter 16: Constitutionalism without Borders and Governance beyond the States: A Comparative Institutional Approach 16.1 Globalization and the Locus of Power 16.1.1 International Organizations and Power Changes 16.1.2 The Transfer of Power to the Market 16.1.3 Technocratic Forms of Global Regulation 16.1.4 Interaction with Domestic Patterns of Representation and Participation 16.2 Transnational Interdependence and State Constitutionalism 16.2.1 The Challenge to State Constitutionalism 16.2.2 State Constitutionalism as a Contextual Representation of Constitutionalism 16.3 State Constitutions as a Proxy for Constitutionalism 16.4 Constitutionalism at the Transnational and Global Level 16.4.1 Alternative Programs for Constitutionalism beyond the State 16.4.1.1 Rights Constitutionalism 16.4.1.2 Political Constitutionalism: The Cosmopolitan View 16.4.1.3 Procedural Constitutionalism: Alternative Deliberative Processes 16.4.2 Positions Rejecting Constitutionalism beyond the State: 16.4.2.1 The State View 16.4.2.2 The Structural Bias View 16.5 From Constitutions to Constitutionalism as a Framework of Analysis for Governance beyond the State Chapter 17: Transnational Networks and the Construction of Global Law 17.1 The Grounding of Transnational Law 17.2 Pathways to Transnational Networked Constitutionalism 17.2.1 From Hierarchy to Network: The Topological Realization of Networked Constitutionalism 17.2.1.1 Creation of Validity through Cross-Referencing of Legal Norms 17.2.1.2 Linking Texts and Subjects: Indirect Ties through Affiliation 17.2.1.3 Network Politics: Direct Institutional Links 17.2.1.4 Joint Ethos 17.2.2 Networked Authority as Emergent Property: Mechanisms 17.2.3 Networked Authority in the CSR Domain 17.3 Conclusion Chapter 18: Federalism as Legal Pluralism 18.1 Introduction: The Legal Pluralism Critique of Monism 18.2 Federalism as Legal Pluralism 18.2.1 Federalism as Dual Sovereignty 18.2.1.1 The American Model 18.2.1.2 The European Model 18.2.2 Federalism as Pluralism 18.2.3 Dynamic Federalism as Legal Pluralism 18.3 The Shared Importance of Dialogic Process 18.3.1 Negotiated Federalism and Dialogic Process 18.3.2 The Benefits of Dialogic Governance 18.3.3 Consensus Process as Best Alternative 18.4 The Shared Rejection of Zero-Sum Governance 18.4.1 Disaggregating the Positive and the Normative 18.4.2 The Rejection of Zero-Sum Governance 18.4.2.1 Rejecting Zero-Sum Federalism 18.4.2.2 Rejecting Statist Monism 18.4.3 Contending with Zero-Sum Realities? 18.5 Conclusion Part IV: GLOBAL LEGAL PLURALISM AND INTERNATIONAL LAW Chapter 19: International Law as a System of Legal Pluralism 19.1 The Connection between Value Pluralism and Legal Pluralism in International Law 19.1.1 Origins: Value Pluralism and Incommensurability 19.1.2 International Law as a Reflection of Legal Pluralism 19.1.3 The Ambiguities of International Law’s Legal Pluralism 19.2 Different Modalities of International Legal Pluralism 19.2.1 Plural International Law(s) 19.2.2 Pluralist International Law 19.2.3 Pluralism in the Interstices 19.2.4 Functional Pluralism 19.2.5 The International Law of Domestic Pluralism 19.2.6 Plurally Constituted International Law 19.3 Conclusion: Between Global Pluralism and Pluralist Constitutionalism Chapter 20: The Integrative Effects of Global Legal Pluralism 20.1 Pluralist Conflicts as a Disintegrative Force 20.1.1 The Skeptical Claim 20.1.2 Responses to the Skeptical Claim 20.2 Pluralist Conflicts as an Integrative Force 20.2.1 Conflict’s Constitutive Role 20.2.2 The Unifying Effects of Legal Conflict 20.3 Pluralist Conflicts at the World Trade Organization 20.3.1 Agenda Conflicts 20.3.2 Constitutive Conflicts 20.3.3 External Conflicts 20.4 Conclusion Chapter 21: International Criminal Law and Legal Pluralism 21.1 Introduction 21.2 Pluralism and the ICC 21.3 Complementarity: Encouraging Harmonization? 21.3.1 Positive Complementarity 21.3.2 Shaping Substantive Law: Crime Definitions 21.3.3 Shaping Substantive Law: Modes of Liability 21.4 Domestic Legal Practice: Nationalist and Internationalist Approaches 21.5 Universal Jurisdiction: To Each, Their Own? 21.5.1 The Alemu Case 21.5.2 Looking for Legitimacy 21.6 Concluding Observations Chapter 22: Cosmopolitan Pluralist Hybrid Tribunals 22.1 Introduction 22.2 History of Hybrid Courts 22.2.1 Origins 22.2.2 Historical Arc 22.3 Cosmopolitan Pluralism 22.3.1 Core Concepts 22.3.2 Cosmopolitan Pluralism in Hybrid Courts 22.3.2.1 Key Features 22.3.2.2 Institutional Functioning 22.3.2.2.1 Capacity Building and Norm Penetration 22.3.2.2.2 Domestic Perceived Legitimacy 22.3.2.3 Institutional Design Processes 22.4 International Criminal Law Norm Fragmentation/Pluralism 22.4.1 Pluralism or Fragmentation? 22.4.2 Cosmopolitan Pluralist Engagement on Norms 22.4.3 Hybrid Courts and Norm Pluralism 22.5 Conclusion Part V: GLOBAL LEGAL PLURALISM AND CONFLICTS OF LAW Chapter 23: Global Legal Pluralism and Conflict of Laws 23.1 Theme 23.2 Three Types of Responses to Plurality 23.2.1 Uniform Techniques 23.2.2 Extralegal Techniques 23.2.3 Decentralized Legal Techniques 23.3 Conflict of Laws as Technique for Plurality 23.3.1 Techniques 23.3.2 Existing Proposals 23.4 The Fourfold Advantage of Private International Law 23.4.1 Experience 23.4.2 Epistemology 23.4.3 Technique 23.4.4 Ethic 23.5 Conflicts for Global Legal Pluralism: An Example 23.6 Conclusion Chapter 24: Conflicts of Laws Unbounded: The Case for a Legal-Pluralist Revival 24.1 Introduction 24.1.1 Conflicts Are Back . . . Well, Sort Of 24.2 The Anatomy of Conflict 24.2.1 Close Encounters: A Third Kind? 24.2.2 Mainstreaming Conflicts 24.3 Beyond Rights: The Anonymous Matrix 24.3.1 Autonomous Rationalities 24.3.2 Impersonal Rights 24.4 Questions of Perspective 24.4.1 Recursive Reflexivity: Unilateralism in Network Mode 24.4.2 Tolerance and the Inversion of Sovereignty 24.5 Conclusion: Conflicting Rationalities in Practice Part VI: GLOBAL LEGAL PLURALISM AND TRANSNATIONAL COMMERCIAL TRANSACTIONS Chapter 25: Global Legal Pluralism and Commercial Law 25.1 The Contentious History of the Law Merchant 25.2 A Taxonomy of Modern Commercial Law Sources 25.2.1 Domestic Commercial Legislation and Codification 25.2.2 Domestic Court Decisions Augmenting Domestic Legislation or Codification 25.2.3 Case Law 25.2.4 International Conventions 25.2.5 Model Laws and Guides 25.2.6 Domestic Court Decisions on International Conventions 25.2.7 Trade Usages 25.2.8 Use of Trade Usages by Courts and Arbitral Tribunals 25.2.9 Quasi Legislative Principles 25.2.10 Arbitral Awards 25.2.11 General Principles of Law 25.2.12 Commercial Custom Not Elsewhere Identified 25.3 Pluralism in Official State Commercial Codes and Legislation 25.3.1 Pluralism in Nineteenth-Century Commercial Codes and Legislation 25.3.2 Embracing Pluralism in the American UCC: The Incorporation Strategy 25.4 A Contemporary Law Merchant? 25.4.1 Mercatorists, Statists, and Pragmatists 25.4.2 Transnational Commercial Law 25.5 Schools of Thought about Pluralism in Commercial Law 25.5.1 Law and Economics 25.5.2 Law and Society 25.5.3 Critical Accounts 25.5.4 Positivist Accounts and Norm-Recognition Strategies 25.6 Soft Law and Global Finance 25.7 The Future Chapter 26: Private Uniform Law and Global Legal Pluralism 26.1 A Brief History of Commercial Institutions 26.2 Uniform Commercial Law 26.2.1 Uniform Private Law: States’ Efforts to Harmonize Commercial Law 26.2.2 Private Uniform Law: The ICC’s Efforts to Harmonize Commercial Law 26.2.2.1 Incoterms 26.2.2.2 Uniform Customs and Practice for Documentary Credits 26.3 Legal Pluralism: The Operating Conditions of Private Uniform Law 26.3.1 Private Uniform Law in Books 26.3.2 Private Uniform Law in Action 26.3.3 The Impossible Reality of Private Uniform Law Chapter 27: Compliance as an Exchange of Legitimacy for Influence 27.1 Introduction 27.2 Using Legal Institutions to De-Legitimize and Re- Legitimize: A Framework 27.3 Exchanging Legitimacy for Influence in Practice: The Information Effects of International Agreements 27.4 The Information Effects of Nonbinding Institutions 27.5 Conclusion Chapter 28: The Application of Non-State-Based Standards in International Arbitration 28.1 The Emergence of Nonstate Standards in International Arbitration 28.2 Theories of Nonstate Standards in International Arbitration 28.3 Application of Nonstate Standards in International Arbitration 28.4 Nonstate Standards Pertaining to the Merits of a Case 28.5 Examples of Nonstate Standards in Arbitral Awards Being Upheld in National Courts 28.6 Concluding Remarks on the Role of Nonstate Standards in Today’s Arbitral Practice and Possible Future Developments Part VII: GLOBAL LEGAL PLURALISM AND INDIGENOUS COMMUNITIES Chapter 29: E Pluribus Plures: Legal Pluralism and the Recognition of Indigenous Legal Orders 29.1 Introduction 29.2 Formal Interactions between the State and Indigenous Legal Orders in Canada and Aotearoa/New Zealand 29.3 The Nature and Sources of Indigenous Law 29.4 The Way Forward: Options for Recognition and Revitalization Chapter 30: Indigenous Rights and Intrastate Multijuridicalism 30.1 Introduction 30.2 Grounding the Theoretical Account: The Canadian Example 30.3 Law/Society Battles and the Emergence of “Strong” Legal Pluralism 30.4 Multijuridicalism and State-Supported Legal Pluralism 30.5 Tensions in the Context of Global Legal Pluralism 30.6 Conclusions Chapter 31: Legal Pluralism and Indigenous Legal Traditions 31.1 Introduction 31.2 Legal Pluralism and the Indigenous-State Relationship 31.3 Indigenous Legal Traditions in Legal Scholarship 31.4 Where Next for Legal Pluralism in Settler Societies? Some Concluding Comments Part VIII: GLOBAL LEGAL PLURALISM AND RELIGIOUS COMMUNITIES Chapter 32: State Legal Pluralism and Religious Courts: Semi-Autonomy and Jurisdictional Allocations in Pluri-Legal Arrangements 32.1 Introduction: Legal Pluralism within the State 32.2 Religious Courts in Nontheocratic States: Pluri-Legal Personal Law Systems 32.3 The Significance and Persistence of State Legal Pluralism: Religious Courts as Semi-Autonomous Institutions 32.3.1 Critique of State Legal Pluralism as Weak Legal Pluralism: An Overview 32.3.2 The Persistence of State Legal Pluralism 32.3.3 State Religious Courts and Semi-Autonomy 32.4 State Religious Courts and Civil Courts: Modes of Interaction 32.4.1 Concurrent Jurisdiction: Procedural Management and Reliance 32.4.2 Exclusive Jurisdictions: Competition and Conflict 32.5 Conclusion Chapter 33: The Future of Religious Arbitration in the United States: Looking Through a Pluralist Lens 33.1 Introduction 33.2 The What and Why of Religious Arbitration 33.2.1 Providing Access to Justice 33.2.2 Advancing Religious Values 33.3 Challenges of Religious Arbitration 33.3.1 Policing Procedural Fairness 33.3.2 Community Pressure 33.4 Conclusion Chapter 34: Sex Policing in the Arab World 34.1 Introduction 34.2 Arab Legal Pluralism 34.3 Sex Policing in the Arab World 34.3.1 Tribal Law 34.3.2 Islamic Law 34.3.3 State Law 34.4 State Deference 34.4.1 Formal Legislation 34.4.2 Informal Withdrawal 34.5 Monist Obsessions 34.6 Conclusion Part IX: GLOBAL LEGAL PLURALISM AND THE DETERRITORIALIZATION OF DATA Chapter 35: The Overlapping Web of Data, Territoriality, and Sovereignty 35.1 Data’s Challenges 35.1.1 Law Enforcement Access to Data Across Borders 35.1.1.1 The Microsoft Ireland Case 35.1.1.2 Challenges Posed by Blocking Statutes 35.1.1.3 Legislative Responses 35.1.2 Content Restrictions 35.1.3 Privacy Regulations and Efforts to Reassert Territorial-Based Controls 35.2 Implications 35.3 Conclusion Chapter 36: The Problem of Platform Law: Pluralistic Legal Ordering on Social Media 36.1 Introduction 36.2 Legal Pluralism and the Internet 36.3 Elements of Platform Law 36.3.1 Terms of Service 36.3.2 Substantive Law 36.3.3 Procedural Law 36.3.4 Technical Law 36.4 Realizing Hybridity through Autonomy 36.4.1 The Risks of Platform Law 36.4.2 Autonomy by Design 36.4.3 Objections to User Autonomy 36.5 Conclusion Chapter 37: Fighting Fundamentalism with Pluralism: Technologies of Enlightenment during the Arab Spring 37.1 Two Revolutions 37.2 Tactics and Technologies of Enlightenment in the Arab Spring 37.2.1 Upending Authority 37.2.2 Creating a Culture of Participation 37.2.3 Political Emotions and Changes of Heart 37.3 Modern-Day Tom Paine 37.4 Political Islam: Fighting Fundamentalism with Pluralism 37.5 Rechanneling Honor Codes 37.6 Conclusion Part X: GLOBAL LEGAL PLURALISM, MEMBERSHIP, AND CITIZENSHIP Chapter 38: Membership and Global Legal Pluralism 38.1 Legal Pluralism, Community, and Membership 38.2 Problematizing Membership Admission 38.3 Problematizing Membership Exit 38.4 Taking Global Citizenship Seriously 38.5 Conclusion Chapter 39: On the Verge of Citizenship: Negotiating Religion and Gender Equality 39.1 Citizenship by Naturalization 39.2 Constituting Citizens through “Words that Bind”: A Brief Comparative Journey 39.3 Canada’s Multiculturalism 39.4 Context and Membership Matters 39.5 Troubles in Paradise: When Diversity and Equality Collide 39.6 Women, Citizenship, and the Franchise Index Local people and global goings-on : an African story / Sally Falk Moore -- Anthropological roots of global legal pluralism / Keebet von Benda-Beckmann and Bertram Turner -- The eclipse of global legal pluralism in ethnology : a French trajectory / Grégoire Mallard -- An anthropological perspective on legal pluralism / Sally Engle Merry -- Empires and jurisdictional politics : legal pluralism and the search for global order / Lauren Benton -- Other parts of the forest : some aspects of global legal pluralism / Carol Weisbrod -- Manifestations and arguments : the everyday operation of transnational legal pluralism / Peer Zumbansen -- Does legal theory have a pluralism problem? / Cormac Mac Amhlaigh -- Theorizing justice under conditions of global legal pluralism / Víctor M. Muñiz-Fraticelli -- Conceptual theories of law and the challenge of global legal pluralism : a legal interactionist approach / Wibren van der Burg -- Pluralist authority and the relation between plurality and pluralism / Nicole Roughan -- Global legal pluralism and the rule of law / David Lefkowitz -- Legal pluralism and the problem of evil / Detlef von Daniels -- Value pluralism and legal pluralism : using Radbruch's value-based approach to law to understand global legal pluralism / Sanne Taekema -- Law unbounded? The shifting stakes in global normative order / Neil Walker -- Constitutionalism without borders and governance beyond the states : a comparative institutional approach / Miguel Poiares Maduro and Neil Komesar -- Transnational networks and the construction of global law / Oren Perez -- Federalism as legal pluralism / Erin Ryan -- international law as a system of legal pluralism / Frédéric Mégret -- The integrative effects of global legal pluralism / Monica Hakimi -- International criminal law and legal pluralism / Elies van Sliedregt -- Cosmopolitan pluralist hybrid tribunals / Elena Baylis -- Global legal pluralism and conflict of laws / Ralf Michaels -- From the conflict of laws to legal pluralism and back / Horatia Muir Watt -- Global legal pluralism and commercial law / John Linarelli -- Private uniform law and global legal pluralism / Gralf-Peter Calliess and Insa Stephanie Jarass -- Compliance as an exchange of legitimacy for influence / Kishanthi Parella -- The application of non-state-based standards in international arbitration / Shahla Ali -- E Pluribus Plures : legal pluralism and the recognition of indigenous legal orders / Michael Coyle -- Indigenous rights and intrastate multijuridicalism / Dwight Newman -- Legal pluralism and indigenous legal traditions / Kirsty Gover -- State legal pluralism and religious courts : semi-autonomy and jurisdictional allocations in pluri-legal arrangements / Jaclyn L. Neo -- The future of religious arbitration in the United States : looking through a pluralist lens / Michael A.Helfand -- Sex policing in the Arab world / Haider Hamoudi -- The overlapping web of data, territoriality, and sovereignty / Jennifer Daskal -- The problem of platform law : pluralistic legal ordering on social media / Molly K. Land -- Fighting fundamentalism with pluralism : technologies of enlightenment during the Arab Spring / Madhavi Sunder -- Membership and global legal pluralism / Peter J. Spiro -- On the verge of citizenship : negotiating religion and gender equality / Ayelet Shachar Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes - some of which are state-based; some are built and maintained by nonstate actors; some fall within the purview of local authorities and jurisdictional entities; and some involve international courts, tribunals, and arbitral bodies, as well as regulatory organisations. Global legal pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict amonglegal and quasi-legal systems. --Résumé de l'éditeur