November 17, 2017

Palombella on Interlegality and Justice

Gianluigi Palombella, Scuola Superiore Sant'Anna di Pisa; University of Parma, has published Interlegality and Justice. Here is the abstract.
This articles suggests a peculiar perspective on law., that is, "interlegality". Amidst the plurality of orders, regimes, legal systems, and the overlapping of legalities, hardly arbitrated by hierarchy, are the system-based paradigms, be they monist, dualist or pluralist, still capable of reflecting the present complexity? The main concern triggering an inter-legality approach is not the coexistence among legalities as they create parallel worlds of normativity (that of global trade, of world health, of state welfare, of regional security, and so forth) but the resilience of the material interconnectedness that comes to affect the nature and functioning of legality. Without giving into the mainstream temptation of drawing a global constitutional promise, interlegality attempts at changing the epistemic perspective on law. To do so, it draws some theoretical frame that not only has to avoid the monist-dualist alternatives, but also relocates the achievements of legal pluralism and steps beyond it.
Download the article from SSRN at the link.

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