The latest issue of Legisprudence: International Journal for the Study of Legislation has been published.
The journal includes an interesting article by Juris Diversitas member Jaakko Husa on 'European Polynomia and Pluralist Methodology'. Its abstract reads:
Globalisation and Europeanisation do not only produce coherence and uniformity but are flanked by differentiation and fragmentation, producing diverse and polycentric outcomes. This article puts forth reflections on European legal pluralism and a proposition for pluralist methodology. The author claims that in today's Europe there is legal pluralism, which means that there are many overlapping normative orders in Europe. It is claimed that Europe is fundamentally pluralistic. Hence there are overlapping non-coherent hierarchies and competing claims for normative power. This is conceptualised as polynomia. The article seeks to demonstrate that legal pluralism in the strong sense has penetrated into European legal doctrine. This state of affairs is claimed to result in a situation in which pluralism is not something that would concern legal anthropologists, legal historians or sociologist of law only. According to this article, doctrinal methods forged in the moulds of legal centralism and monism are outdated and respond poorly to the present day European legal pluralism.
Nicolle Zeegers - How to Theorise Collective Decision Making Concerning Legal Rules? The Need to Acknowledge the Rhetorical as Well as the Rational Variables
The journal includes an interesting article by Juris Diversitas member Jaakko Husa on 'European Polynomia and Pluralist Methodology'. Its abstract reads:
Globalisation and Europeanisation do not only produce coherence and uniformity but are flanked by differentiation and fragmentation, producing diverse and polycentric outcomes. This article puts forth reflections on European legal pluralism and a proposition for pluralist methodology. The author claims that in today's Europe there is legal pluralism, which means that there are many overlapping normative orders in Europe. It is claimed that Europe is fundamentally pluralistic. Hence there are overlapping non-coherent hierarchies and competing claims for normative power. This is conceptualised as polynomia. The article seeks to demonstrate that legal pluralism in the strong sense has penetrated into European legal doctrine. This state of affairs is claimed to result in a situation in which pluralism is not something that would concern legal anthropologists, legal historians or sociologist of law only. According to this article, doctrinal methods forged in the moulds of legal centralism and monism are outdated and respond poorly to the present day European legal pluralism.
The journal includes:
Jaakko Husa - The Method Is Dead, Long Live the Methods! European Polynomia and Pluralist Methodology
Mirko Pečarič - A Dynamic Reflection on the Factual State of Affairs through an Experimental Norm
Demetrius Klitou - Privacy by Design and Privacy-Invading Technologies: Safeguarding Privacy, Liberty and Security in the 21st Century
Nicolle Zeegers - How to Theorise Collective Decision Making Concerning Legal Rules? The Need to Acknowledge the Rhetorical as Well as the Rational Variables
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