Multijuralism

The papers in this study explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the external events which are not part of the processes of multijural adjustment but which serve to influence these processes.

At one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere, such as the existence of civil and common law systems within the EU. However, at a finer level of analysis multijuralism is a more widespread or common phenomenon and a more fluid reality than the civil law/common law distinction suggests. The papers in this study are therefore rooted in the latter frame of reference. They explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the external events which are not part of the processes of multijural adjustment but which serve to influence these processes. Included among these important external events are European integration, the growing importance accorded to human rights, the international practice of law, the growth of the Internet, the globalization of markets and the flow of immigrants. This volume represents some of the most current thinking in the area of multijuralism and is essential reading for anyone interested in the coexistence of legal systems or sub-systems.

Autorentext

Albert Breton is Professor Emeritus in the Dept of Economics at Toronto University. Anne Des Ormeaux is with the Canadian Department of Justice. Katharina Pistor is Professor of Law in Columbia Law School at Columbia University. Pierre Salmon is Professor Emeritus of Economic Science at the University of Bourgogne.

Inhalt

Contents: Introduction, Albert Breton, Anne Des Ormeaux, Katharina Pistor and Pierre Salmon; International treaties and conventions as agents of convergence and multijuralism in domestic legal systems, John H. Currie; The reception of indigenous legal systems in Canada, S'stien Grammond; Family law's legal pluralism: private 'opting-out' in Canada and South Africa, Annie Bunting; Regulatory and sanctioning powers of independent administrative authorities in French law, Alice Pezard; European contract law: towards an optional Instrument?, B dicte Fauvarque-Cosson; Comparative reflection on the transposition of European Directives: unfair terms, Elise Poillot; The role of international law firms and multijural human capital in the harmonization of legal regimes, Gillian K. Hadfield; Standard contracts in financial law: an emerging new legal order, Marc Favero; Strategies of displacement and other violations of territoriality: cybercrime, the world wide web and the ambit of criminal law, Gareth Sansom; Index.