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oapen-20.500.12657-252582021-11-10T07:56:40Z The World of Rules Schuppert, Gunnar Folke Duve, Thomas Vogenauer, Stefan rethinking the concept of law variety of law producers plurality of norm-enforcement regimes normative pluralism Decoupling of state and law bic Book Industry Communication::H Humanities::HB History::HBG General & world history bic Book Industry Communication::L Law::LA Jurisprudence & general issues::LAZ Legal history "This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is observable – not least because of globalisation – which inevitably entails a pluralisation of legal regulations. Jurisprudence has to react to this, if it wants to remain relevant. This can happen through a broadening of its horizon towards a more far-reaching “science of regulation”, in order to grasp the increasing “Variety of Rules” adequately. State law remains an important and central type of law, yet it is no longer the sole type. If that is the case, it becomes necessary to analyse the following three spheres: (1) the plurality of normative orders, especially those of non-state character; (2) the plurality of norm producers, from state legislature to transnational networks of regulation; (3) finally, the plurality of norm enforcement regimes, from states’ judiciaries via the judiciary of (international) sport to the exercise of social pressure (e. g. political correctness). Those findings of plurality inevitably lead to the follow-up problem of a redefinition of the concept of law and to the question, which types of law/norms can be identified meaningfully." 2019-04-12 11:45:29 2020-04-01T10:32:24Z 2020-04-01T10:32:24Z 2017 book 1004836 OCN: 1100525909 9783944773193 http://library.oapen.org/handle/20.500.12657/25258 eng Global Perspectives on Legal History application/pdf n/a GPLH_10.pdf Max Planck Institute for Legal History and Legal Theory 10.12946/gplh10 10.12946/gplh10 aa1e4fa2-ec92-41bb-bd06-19453b9e6e41 9783944773193 10 378 Frankfurt am Main open access
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"This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is observable – not least because of globalisation – which inevitably entails a pluralisation of legal regulations. Jurisprudence has to react to this, if it wants to remain relevant. This can happen through a broadening of its horizon towards a more far-reaching “science of regulation”, in order to grasp the increasing “Variety of Rules” adequately. State law remains an important and central type of law, yet it is no longer the sole type.
If that is the case, it becomes necessary to analyse the following three spheres: (1) the plurality of normative orders, especially those of non-state character; (2) the plurality of norm producers, from state legislature to transnational networks of regulation; (3) finally, the plurality of norm enforcement regimes, from states’ judiciaries via the judiciary of (international) sport to the exercise of social pressure (e. g. political correctness). Those findings of plurality inevitably lead to the follow-up problem of a redefinition of the concept of law and to the question, which types of law/norms can be identified meaningfully."
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