Legal Pluralism and the Social Conditions of Legal Authority (WG Legal Pluralism)
Legal Pluralism and the Social Conditions of Legal Authority (WG Legal Pluralism)
Abstract Submissions Closed
RC12 Sociology of Law (host committee)
Language: English
Session Type: Oral
Legal pluralism is often described as the coexistence of more than one legal or normative order. This session asks what follows from that coexistence. State law rarely reaches social life as a self-contained command. It is reshaped as courts, officials, communities, and ordinary people bring it into contact with other sources of authority. Legal pluralism therefore raises a question about the social conditions of legality itself: when do people treat a rule as binding, and how do they decide which rule should matter when different authorities speak at the same time? The session invites papers that study these questions in concrete settings. One paper might follow how a court recognizes a practice that did not originate in state law. Another might examine how people rely on informal authority when formal law is not enough to resolve a dispute. A third might ask how cross-border regulation unsettles the assumption that law belongs to one state. The common focus is how legal authority is produced when state law encounters other normative orders. The aim is to discuss legal pluralism not as a marginal problem outside modern law, but as a regular condition under which law comes to have practical authority. This perspective may be particularly relevant in turbulent times, when the practical authority of law can no longer be taken for granted.
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