Abstract:
This paper focuses on the relativization of state law and the pluralization of law, which were imposed by globalization. After having a glance at cases of relativization of traditional state law and recent emergence of non-state law which results in plurality of law, it examines the theoretical base to explain this phenomenon of legal plurality. The author investigates the idea of legal pluralism based on the ‘as if’ method found in private law reasoning according to which law intentionally chooses the method to limit aspects of the conflicts in order to reconstruct them into the shape in which the arms-length of law is able to function, recognizing the impossibility of solving all aspects of the real conflicts occurred in society.
Asano, Yuki, From the Theory of Private Law to Legal Pluralism: On the Reconstruction of Private Law in the Age of Globalization (February 2, 2015). Japanese Yearbook of international Law Vol 57 (2014); TLI Think! Paper 18/2016.
First posted 2016-05-18 06:16:28
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