2010
DOI: 10.1080/20414005.2010.11424506
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Transnational Legal Pluralism

Abstract: This paper draws out the analogies and connections between long-standing legal sociological insights into pluralistic legal orders and present concerns with the fragmentation of law outside of the nation state. Within the nation-state, the discovery of legal pluralism inspired a larger contestation of concepts of legal formalism, of the alleged unity of the legal order and of the hierarchy of norms against the background of a consistently advancing process of constitutionalization. This research heightened reg… Show more

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Cited by 110 publications
(25 citation statements)
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References 71 publications
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“…Sometimes these different regimes are contradictory. It is possible to recognize three different situations where conflict between laws may arise: (1) a collision between the law of different states, (2) a collision between State law and international law, and (3) a collision between State law and (national or international) non-State law created by communities or other private actors (Cotterrell 2009;Michaels 2005;Zumbansen 2010). Each type of such overlapping juridical assertion creates a potentially hybrid legal space (Berman 2007).…”
Section: Theoretical Framework and Methodologymentioning
confidence: 99%
“…Sometimes these different regimes are contradictory. It is possible to recognize three different situations where conflict between laws may arise: (1) a collision between the law of different states, (2) a collision between State law and international law, and (3) a collision between State law and (national or international) non-State law created by communities or other private actors (Cotterrell 2009;Michaels 2005;Zumbansen 2010). Each type of such overlapping juridical assertion creates a potentially hybrid legal space (Berman 2007).…”
Section: Theoretical Framework and Methodologymentioning
confidence: 99%
“…180 Many commentators have increasingly called upon the recognition of this body of soft law as "transnational private regulation," 181 consolidating its "lawness" as a pluralist development in law, 182 so that its causes may be advanced and not obstructed by traditional frames for law and legality. 183 The polycentric governance space and diverse soft law instruments for securing change in corporate behavior constitute a "transnational" new governance, 184 which is characterized by diversity, inclusiveness, participation, interrelationships, 185 and the socialization of the corporation within this fabric. 186 Commentators view the development of this space as crucially enrolling the "social" dimension into governance of corporate behavior, so that such governance is not narrowly dominated by government and business.…”
Section: A the Rise Of Transnational Private Governance Multi-stakementioning
confidence: 99%
“…IIs are also relied upon by governmental agencies for the adoption and introduction of codes recommended by these governmental agencies to institutional investors' portfolio firms. 54 Thus, as Zumbansen observed, corporate governance regulation can be seen as "transnational and hybrid in nature" 55 This reliance on IIs poses a challenge to policy making. As was noted at the outset of this article, American IIs are credited for the promotion of shareholder-oriented model of corporate law around the world, which, inter alia, includes the promotion of dispersed ownership as the optimal model for corporate ownership.…”
Section: Regulatory Implications Of Institutional Investors As Blmentioning
confidence: 99%