Legal Cultures and Globalization Methodological Premises for a Cosmopolitan Law

被引:0
|
作者
de Julios-Campuzano, Alfonso
机构
来源
关键词
D O I
暂无
中图分类号
B [哲学、宗教];
学科分类号
01 ; 0101 ;
摘要
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.
引用
收藏
页码:498 / 511
页数:14
相关论文
共 50 条