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From Legal Pluralism to Public Justification
| Content Provider | Semantic Scholar |
|---|---|
| Author | Melissaris, Emmanuel |
| Copyright Year | 2013 |
| Abstract | The paper offers an argument for a conception of legal pluralism, which has some substantive upshots and at least partly alleviates that legal pluralism may regress to rampant relativism. In particular, I will argue that law in its pluralist conception is inextricably linked to the requirement of public justification. This is not by way of appealing to any transcendental normative ideals but as a matter of entailment of the very practice of law. But, perhaps to the disappointment of many, this procedural requirement is the only practical consequence of the concept of law. For thicker, substantive limits to what law can do and for ways in which legal pluralism may be reduced in real contexts one will have to turn to the actual circumstances furnishing the law with content and a different kind of thinking about the law. |
| Starting Page | 173 |
| Ending Page | 180 |
| Page Count | 8 |
| File Format | PDF HTM / HTML |
| DOI | 10.5553/ELR.000011 |
| Volume Number | 6 |
| Alternate Webpage(s) | https://repub.eur.nl/pub/51157/ELR_2013_03_004.pdf |
| Alternate Webpage(s) | https://www.elevenjournals.com/tijdschrift/ELR/2013/3_4/ELR-D-13-00007.pdf |
| Alternate Webpage(s) | https://doi.org/10.5553/ELR.000011 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
