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Global Perspectives on Legal History 10

The World of Rules

A Somewhat Different Measurement of the World

Gunnar Folke Schuppert

Global Perspectives on Legal History 10
Frankfurt am Main: Max Planck Institute for European Legal History 2017. XIV, 364 S.
Online version: Open Access (PDF download, license: Creative Commons CC BY-NC-ND)
Printed version: 18,17 € (print on demand at ePubli)

ISSN 2196-9752
ISBN 978-3-944773-09-4
eISBN 978-3-944773-19-3

Persistent link to the online version: http://dx.doi.org/10.12946/gplh10


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.

Contents

1

Chapter One

Measuring the Universe of Regulation: Necessity and Procedure

59

Chapter Two 
The Plurality of Normative Orders. An Exploration
137 Chapter Three
From Plurality of Normative Orders to Plurality of Norm Producers
195 Chapter Four
From the Plurality of Normative Orders to the Plurality of Norm Enforcement Regimes: Jurisdictional Communities and their Specific Jurisdictional Cultures
331 Bibliography
359 About the Author
 
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