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Menski, Werner F (2014) 'The liquidity of law as a challenge to global theorising.' Jura Gentium, 11. pp. 19-42.

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Abstract

This essay argues that the inherent liquidity of law as a global phenomenon is a troubling reality that scholars and especially judges have to learn to manage better in the never-ending search for the “right law” and, ultimately, for “justice”. Providing an overview of the major strands of arguments in theorising legal pluralism, both for and against its recognition, the essay suggests that this challenge will never stop, mainly because there will always be competing perspectives and views of what is “intolerable” and what needs to be controlled or outlawed. The resulting struggles over different strategies of state involvement in legal management will continue. Hence the only safe advice that may be given is to be as prepared as possible to face law's liquidity in both theory and practice and to become as skilful as possible in navigating the internal pluralities of law.

Item Type: Journal Article
Additional Information: numero monografico: Pluralismo giuridico
Keywords: equity, justice, legal pluralism, “new natural law”, value pluralism
SOAS Departments & Centres: Departments and Subunits > School of Law
ISSN: 18268269
Date Deposited: 05 Oct 2021 17:02
URI: https://eprints.soas.ac.uk/id/eprint/35618

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