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Ubiquitous law: legal theory and the space for legal pluralism

Melissaris, Emmanuel (2009) Ubiquitous law: legal theory and the space for legal pluralism. Law, justice and power. Ashgate Publishing, Aldershot, UK. ISBN 9780754625421

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Abstract

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.

Item Type: Book
Official URL: http://www.ashgate.com/
Additional Information: © 2009 The Author
Divisions: Law
Subjects: K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 05 May 2009 09:58
Last Modified: 20 Jan 2020 02:02
URI: http://eprints.lse.ac.uk/id/eprint/23882

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