Legal Cultures and Globalization
Methodological Premises for a Cosmopolitan Law
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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Document Type: Research Article
Publication date: October 1, 2008
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- Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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