Ubiquitous Law

Legal Theory and the Space for Legal Pluralism

Nonfiction, Reference & Language, Law, Jurisprudence
Cover of the book Ubiquitous Law by Emmanuel Melissaris, Taylor and Francis
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Author: Emmanuel Melissaris ISBN: 9781317005704
Publisher: Taylor and Francis Publication: February 17, 2016
Imprint: Routledge Language: English
Author: Emmanuel Melissaris
ISBN: 9781317005704
Publisher: Taylor and Francis
Publication: February 17, 2016
Imprint: Routledge
Language: English

Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal has been biased by the implicit or explicit presupposition of the State's exclusivity to a claim to legality as well as the tendency to make the enquiry into the law the task of experts, who purport to be able to represent the legal community's commitments in an authoritative manner. Very worryingly, the experts' point of view then becomes constitutive of the law and parasitic to and distortive of people's commitments. Ubiquitous Law counter-suggests a new methodology for legal theory, which will not be based on rigid epistemological and normative assumptions but rather on self-reflection and mutual understanding and critique, so as to establish acceptable differences on the basis of a commonality.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal has been biased by the implicit or explicit presupposition of the State's exclusivity to a claim to legality as well as the tendency to make the enquiry into the law the task of experts, who purport to be able to represent the legal community's commitments in an authoritative manner. Very worryingly, the experts' point of view then becomes constitutive of the law and parasitic to and distortive of people's commitments. Ubiquitous Law counter-suggests a new methodology for legal theory, which will not be based on rigid epistemological and normative assumptions but rather on self-reflection and mutual understanding and critique, so as to establish acceptable differences on the basis of a commonality.

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