Legal Cultures and Globalization Methodological Premises for a Cosmopolitan Law

Archiv für Rechts- Und Sozialphilosophie 94 (4):498-511 (2008)
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Abstract

In the context of globalization, the existence of multiple legal cultures appears as a new form of legal pluralism and poses important challenges to jurisprudence and legal theory. On the one hand, the peaceful coexistence of several legal cultures demands a reasonable level of sustainable diversity; on the other hand, the processes of legal convergence can conceal new ways of legal imperialism, by means of legal transplant. In view of this, we understand there is a possibility of building a cosmopolitan law, but this requires a new model of jurisprudence, released from the monist conception of state law, a formula that can go beyond the framework of old 19th century jurisprudence, in order to respond to the new circumstances of interdependence, globalization and multiculturalism

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