The Structure of Pluralism


Book Description

Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal positivists, and recommends that the formal normative systems of highly organized groups be accorded the status of fully legal norms when they encounter the laws of the state. In this book, Muniz-Fraticelli argues that political pluralism is a convincing political tradition that makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state. Drawing on the intellectual tradition of the British political pluralists, as well as recent developments in legal philosophy and social ontology, the book argues that political pluralism makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state.




The Structure of Pluralism


Book Description

Pluralist arguments are increasingly common in political and legal theory, but scepticism persists about whether pluralism marks a distinct intellectual tradition. This book reconstructs the pluralist tradition in political theory, arguing that it makes distinctive and radical claims regarding political authority and the state.




Beyond Constitutionalism


Book Description

Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.




Legal Pluralism Explained


Book Description

Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.







Scientific Pluralism Reconsidered


Book Description

Can we expect our scientific theories to make up a unified structure, or do they form a kind of "patchwork" whose pieces remain independent from each other? Does the proliferation of sometimes-incompatible representations of the same phenomenon compromise the ability of science to deliver reliable knowledge? Is there a single correct way to classify things that science should try to discover, or is taxonomic pluralism here to stay? These questions are at the heart of philosophical debate on the unity or plurality of science, one of the most central issues in philosophy of science today. This book offers a critical overview and a new structure of this debate. It focuses on the methodological, epistemic, and metaphysical commitments of various philosophical attitudes surrounding monism and pluralism, and offers novel perspectives and pluralist theses on scientific methods and objects, reductionism, plurality of representations, natural kinds, and scientific classifications.




The Oxford Handbook of Global Legal Pluralism


Book Description

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--




Liberalism and Value Pluralism


Book Description

Value pluralism is the idea, associated with the late Isaiah Berlin, that fundamental human values are irreducibly plural and incommensurable. Ends like liberty, equality and community are intrinsic goods which can neither be ranked in an absolute hierarchy nor translated into units of a common denominator. If that is true, how can we choose among such values when they come into conflict in particular cases? In particular, what reason is there to justify the value ranking characteristic of liberal democracy, favouring personal autonomy and toleration? Recent commentators have seen value pluralism as undermining the traditional claims of liberalism to universal authority, rendering it at best no more than one political form among others with no greater claim to legitimacy. Against that view, George Crowder argues that a strong distinctive case for liberalism as a universal project is implied by value pluralism itself. Reflection on the elements of value pluralism yields a set of ethical principles, including respect for universal values, rejection of political utopianism, promotion of value diversity, accommodation of reasonable disagreement, and cultivation of civic virtues. Those principles are best satisfied by a liberal form of politics characterised by a strong commitment to personal autonomy, by policies of moderate redistribution and multiculturalism, and by constitutional restraints on democractic politics. This is the first book-length defence of liberalism on the basis of value pluralism, complementing and extending the work of Berlin and others.




The Structure of Pluralism


Book Description

Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal positivists, and recommends that the formal normative systems of highly organized groups be accorded the status of fully legal norms when they encounter the laws of the state. In this book, Muniz-Fraticelli argues that political pluralism is a convincing political tradition that makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state. Drawing on the intellectual tradition of the British political pluralists, as well as recent developments in legal philosophy and social ontology, the book argues that political pluralism makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state.




Political Order and the Plural Structure of Society


Book Description

This excellent volume explores three forms of pluralist theory -- those based on historical doctrines of custom and tradition, Catholic doctrines of natural law and subsidiarity, and Calvinist doctrines of sphere sovereignty and creation -- and compares and evaluates each of these forms of pluralism within the context of American thought.