Global Legal Pluralism

Michaels, Ralf

doi:10.1146/annurev.lawsocsci.4.110707.172311

Cited by 189 publications

(45 citation statements)

References 81 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…The studies of lex mercatoria and its existence as an autonomous legal order culminated through the theory of legal pluralism, which argues that state law is not the only law, and that multiple legal systems could exist on the same territory (17)(18)(19)(20). As examples of such legal orders, along with lex mercatoria, the following were mentioned as separate parts of the lex mercatoria family: lex petrolea, lex maritime and lex constructionis, along with the most recent examples of the independent legal systems lex informatica and lex sportiva (21)(22)(23). Along with the fact that the Latin neologisms were used, the common for all these phenomena is that they represent forms of non-state and supranational regulation of certain social relations.…”

Section: Terms and Legal Nature Of The Rules Of Conduct In Sportmentioning

confidence: 99%

Sports Law: Some Introductory Considerations

Galantić

2016

Ann. Appl. Sport Sci

View full text Add to dashboard Cite

With the rise of importance of sport as a social phenomenon in recent decades, more public attention has been paid to the issue of the legal nature of the rules governing social relations in sports. The issue raised above are only a part of a much broader topic that involves questions of relations of a classical Westphalian state and changes in the international community as well as issues of the essence and manifestations of law. The traditional theoretical approach, based on the principles of Westphalian sovereign state and state centralism, does not allow the possibility of existence of sports law because the law does not exist outside of the state. The modern theories of legal pluralism represent a different approach and see one of the most powerful examples of non-state law in sports law. If the concept of the existence of sports law is accepted, it is important to determine its contents. From temporal and quantitative distance, sports organizations are autonomous and main creators of the rules of conduct in sport. However, since the second half of the 20th century the state has had bigger and more important role in the regulation of sport.

show abstract

Section: Terms and Legal Nature Of The Rules Of Conduct In Sportmentioning

confidence: 99%

Sports Law: Some Introductory Considerations

Galantić

2016

Ann. Appl. Sport Sci

View full text Add to dashboard Cite

show abstract

“…Scholars interested in similar cross-cultural interactions often also draw on research on legal pluralism, defined as social fields where two or more legal systems coexist (Berman 2009;Griffiths 1986;Tamanaha 2007;Michaels 2009;Merry 1988 Nicole's trial was popularly known as the Subic Rape Case. The custody of Smith before, during and after his trial-but not court jurisdiction-was at the forefront of controversy between the two nations.…”

Section: Semi-autonomymentioning

confidence: 99%

Global borderlands: a case study of the Subic Bay Freeport Zone, Philippines

Reyes

2015

Theor Soc

View full text Add to dashboard Cite

Abstract:By developing the concept of "global borderlands"-semi-autonomous, foreigncontrolled geographic locations geared toward international exchange-this article shifts the focus of globalization literature from elite global cities and cities on national borders to within-country sites owned and/or operated by foreigners and defined by significant social, cultural, and economic exchange. I analyze three shared features of these sites: semi-autonomy, symbolic and geographic boundaries, and unequal relations. The multimethod analyses reveal how the concept of global borderlands can help us better understand the interactions that occur in the contemporary era of globalization across people of different nationalities, classes, and races/ethnicities as well as the complex dynamics that occur within foreign-controlled spaces. I first situate global borderlands within the literatures of global cities and traditional borderlands. Next, I use the case study of Subic Bay Freeport Zone (SBFZ), Philippines to show (1) how the semiautonomy of global borderlands produces different regulations depending on nationality, (2) how its geographic and symbolic borders differentiate this space from the surrounding community, and (3) how the semi-autonomy of these locations and their geographic and symbolic borders reproduce unequal relations. As home of the former U.S. Subic Bay Naval Base and current site of a Freeport Zone, the SBFZ serves as a particularly strategic research location to examine the different forms of interactions that occur between groups within spaces of unequal power. (Frank 1973;Prebisch 1959;Singer 1949; Chase-Dunn and Grimes 1995; Wallerstein 2004). By definition, these approaches ignore sites of significant international or intercultural exchange and interaction that occur outside these elite spaces.In contrast, scholarship on frontiers, borders, and borderlands recognizes how inequalities are reproduced in places that cross international or intercultural boundaries (Alvarez 1995; Donnan and Wilson 1999). However, we know surprisingly little about how inequalities are maintained and reproduced in spaces that are based on cultural, social, and economic interactions beyond these particular locales and those that occur within foreign-controlled spaces. Examining unequal interactions-namely, those among foreign visitors, local visitors, and local workers in institutionalized, semi-autonomous 1 I am aware of the disputes regarding whether it is within-or between-country inequality that is rising. I use "societies" here to demonstrate that there is an increasing divide between the rich and poor, whether the unit of analysis is within-or between-countries. Global borderlands 5 Global borderlands: A definitionGlobal borderlands are semi-autonomous, foreign-controlled geographic locations geared toward international exchange. By "international exchange" I mean the combination of social, cultural, and economic exchanges and interactions, since each cannot be divorced from the others. Economic exchanges are roo...

show abstract

“…The third wave of attention, which has had a durable impact, can be called the globalization wave: legal pluralism developing into global legal pluralism (Berman 2009;Michaels 2009). Here, too, we quote Marc Hertogh, who not…”

mentioning

confidence: 99%

The World of Rules. A Somewhat Different Measurement of the World

Schuppert¹

2017

Global Perspectives on Legal History

View full text Add to dashboard Cite

Standard-Nutzungsbedingungen:Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Zwecken und zum Privatgebrauch gespeichert und kopiert werden.Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich machen, vertreiben oder anderweitig nutzen.Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, gelten abweichend von diesen Nutzungsbedingungen die in der dort genannten Lizenz gewährten Nutzungsrechte.

show abstract

Global Legal Pluralism

Cited by 189 publications

References 81 publications

Sports Law: Some Introductory Considerations

Sports Law: Some Introductory Considerations

Global borderlands: a case study of the Subic Bay Freeport Zone, Philippines

The World of Rules. A Somewhat Different Measurement of the World

Contact Info

Product

Resources

About