bluuebunny/crossref_metadata_2025_split huggingface dataset:
Empires and Jurisdictional Politics
Authors: Benton Lauren 
Published: October 2020

Abstract
The study of legal pluralism in empires has far-reaching implications for comparative legal history, world history, the history of international law, and the study of global legal pluralism. This chapter highlights three insights developed within this perspective and discusses some promising future directions for research. The first insight flows from the observation that jurisdictional politics in empires played a formative role in structuring processes of conquest and colonization. The second involves the finding that patterns of legal pluralism in empires influenced foundational legal and political ideas, in particular concepts of rights and sovereignty. A third derives from the analytical move of placing imperial legal politics at the heart of histories of global ordering. This chapter reviews each of these facets of the analysis of legal pluralism in empires to identify some critical lessons for understandings of global legal pluralism.
Conceptual Theories of Law and the Challenges of Global Legal Pluralism
Authors: van der Burg Wibren 
Published: October 2020

Abstract
One of the perennial discussions in legal philosophy is: What is law? Theories that elucidate the concept of law and provide definitions may be called conceptual theories of law. For such conceptual theories, global legal pluralism presents at least four major challenges. First, it recognizes a wide variety of types of law. Second, it recognizes a wide variety of law-producing actors. Third, it accepts that legal orders may gradually emerge. Fourth, legal orders overlap and are intertwined in many ways. We may discern three different strategies to deal with these challenges: monist, relativist, and pluralist. This chapter defends a pluralist approach, namely legal interactionism. It builds on American pragmatism, especially on the work of Lon Fuller and Philip Selznick. Legal interactionism recognizes interactional law as a source for legal obligations, but also accepts that contract and enacted law may constitute relatively autonomous legal orders in their own right. This chapter focuses on how it implies conceptual pluralism and definitional pluralism, and then discusses how this enables it to deal adequately with the four challenges global legal pluralism presents. Legal interactionism emphasizes that the concept of law is plural in character and can best be analyzed in terms of a dynamic family resemblance. If there is not one unified concept of law, but a plurality of defensible, partly incompatible conceptions, there cannot be one general definition of law.
Pluralist Authority and the Relation between Plurality and Pluralism
Authors: Roughan Nicole 
Published: October 2020

Abstract
This chapter argues that the key to understanding both plurality and pluralism is to account for their entanglement without assuming that the former entails the latter, or that the latter is always justified when the former exists. I argue here that a complex notion of authority, in which both reasons and relationships determine the existence and justification of authority, can clarify the relations between plurality and pluralism by pointing to a mode of subject-centered analysis and evaluation that does not presume either plurality’s justification nor pluralism’s analytical purchase. When both authority’s reasons and relationships are pluralized vis-à-vis the subjects of those reasons and relations, the very existence and justification of authority depends on the ways in which plural claims and receptions of authority interact, as well as on the impact of such interaction on the values that pluralism might carry. Such a view of authority should sound a note of caution for those who explore, evaluate, or endorse the claims to authority made by various phenomena of legal plurality that are the objects of the present collection on global legal pluralism. It raises a set of concerns about both the plausibility of such claims, their evaluation in relation to each other, and the potential for plurality of claims and invocations of authority to exist without pluralism itself being justified—for there to be space between plurality and pluralism.
Global Legal Pluralism and the Rule of Law
Authors: Lefkowitz David 
Published: October 2020

Abstract
A vibrant debate has recently emerged among legal theorists regarding the desirability of legal pluralism: the existence of distinct regulatory regimes that make overlapping claims to authority. While Monists maintain that we should strive to forge a unitary legal order, Normative Legal Pluralists favour an approach that seeks to manage legal plurality without eliminating it. This chapter critically evaluates a common argument Monists level against Normative Legal Pluralism, namely that it conflicts with fidelity to the ideal of the rule of law.
Advocates of Normative Legal Pluralism employ three strategies to respond to their rule-of-law critics. First, they attempt to show that a plural legal order fares no worse than a unitary one when measured against the standard of providing legal subjects with certainty and predictability. Second, they argue that increases in tolerance, or respect for the exercise of communal and individual autonomy, warrant whatever diminution in the rule of law Normative Legal Pluralism produces. Finally, they invoke an account of law’s distinctive normativity informed by sociolegal jurisprudence and constructivist political theory to disarm rule of law objections to normative legal pluralism, either by contesting the premises on which they rest or by providing reasons to conclude that the critics’ worries are seriously overdrawn. While the first two strategies fail, the critics underestimate or simply fail to notice Normative Legal Pluralists’ ability to leverage their conception of law’s legitimacy to address rule of law concerns.
Value Pluralism and Legal Pluralism
Authors: Taekema Sanne 
Published: October 2020

Abstract
In this chapter, the focus is on the question how different ideas of pluralism, legal pluralism, and value pluralism, relate. The background to the question is the observation that in normative theories of global legal pluralism liberal principles are a core feature. The liberal emphasis on the need to respect the life choices of individuals shows affinity to the philosophical idea of value pluralism, but then the question arises how a liberal idea of value pluralism relates to legal pluralism. Moreover, we may ask whether there are alternative accounts of value pluralism that can be linked to legal pluralism in a more productive way. This chapter explores one such account: that of German legal philosopher Gustav Radbruch. The chapter sees the existence of various legal orders and value-laden practices as a phenomenon in need of conceptual clarification and theoretical explanation, which involves normative considerations. Both legal and value pluralism are issues on which a theoretical explanation of the phenomenon almost inevitably gives rise to the normative question how to deal with conflicting legal norms or values. Radbruch’s theory of legal values provides a different perspective on the role of values in global legal pluralism than implied by the more commonly used liberal outlook. Radbruch’s work yields a criterion to distinguish law from other normative orders, it accounts for variable content of global legal orders, and it makes sense of the tensions between the basic values of law and the relative importance they have in different legal orders.
Law Unbounded? The Shifting Stakes in Global Normative Order
Authors: Walker Neil 
Published: October 2020

Abstract
The gathering trend of the trans-systemic migration of legal ideas shifts the stakes in the debate over the relative rootedness or mobility of law. While legal rootedness within the state and other locally bounded jurisdictions still requires as much justification as ever, there is now more pressure on the other side of the debate, among those who would defend or advocate the increasingly mobile understanding and practice of law. The justification of this can be system-particular, universal, or modular in nature. Whereas the first two options court the opposite dangers of understating the prospects and overstating the robustness of trans-systemic normative solutions, the chapter argues that a modular approach focusing on the transferability and (re)combinability of certain standard part of legal doctrine holds out more scope for an accurate and defensible account of legal migration.
Transnational Networks and the Construction of Global Law
Authors: Perez Oren 
Published: October 2020

Abstract
What is the distinctive mark of legal governance at the transnational level? Legal pluralism has generally adopted an agnostic approach to this question, focusing instead on the more descriptive task of cataloging the entities that populate the field of global governance and of analyzing the interactions between them. So-called transnational law provides an important terrain of engagement for this debate. Private transnational legal structures can be found in diverse areas, ranging from trade-related issues, to corporate responsibility, human and labor rights, and environmental protection. The challenge for transnational constitutionalism—as with other areas of legal pluralism—lies in developing an institutional model that explains how constitutionally embedded legal authority can arise independently of the institutional structures of state-based public law. This chapter proposes a novel response to this question, which is based on the idea of networked constitutionalism. In this framework a legal order generates its own validity through an emergent, network-based process. By developing a complex web of interrelated and cross-referencing norms, enforcement mechanisms, and institutional structures, such a network can achieve systemic autonomy and legal authority that is independent of the political apparatus of the state.
Federalism as Legal Pluralism
Authors: Ryan Erin 
Published: October 2020

Abstract
This chapter uses the dynamic federalism model of constitutional dual sovereignty as an analytic window into the emerging legal pluralism discourse. Legal pluralism explores the significance of multiple sources of legal authority and identity with which individuals simultaneously engage. Overlapping sources of normative authority range from different levels institutions of government to private sources of “quasi-legal” norms generated by tribal, religious, commercial, professional, or other associations. Legal pluralism scholars challenge the tradition of legal monism—so entrenched that its presumptions often go unnoticed—which views legitimate legal authority as deriving only from an established source of sovereign or natural authority that unambiguously trumps all competing forces. Proponents contend that legal pluralism more accurately captures the scope of political contest in pluralist societies and the full array of normative forces operating on individual actors. Skeptics critique it for failing to distinguish between legitimate and illegitimately normative forces, and for threatening critical societal institutions by weakening the prerogatives of nation-states. Constitutional federalism, itself characterized by multiple sources of authority within a single geographical territory, provides a simple example of legal pluralism that sidesteps much of the controversy. Involving only sovereign authority, federalism avoids legal pluralism’s normative challenge to statism. Moreover, it resolves at least some of the heterarchical uncertainty unleashed by legal pluralism through the hierarchical ordering device of federal supremacy. Nonetheless, the structural features of dynamic federalism provide valuable platforms for cross-jurisdictional deliberation and dialogic policymaking that resonate with the good-governance proposals advocated by legal pluralists for more inclusive norm generation.
International Law as a System of Legal Pluralism
Authors: Mégret Frédéric 
Published: October 2020

Abstract
This chapter examines how international law might be understood as a legally pluralistic system. International law is rooted in value pluralism, but that value pluralism does not translate evidently into legal pluralism. What legal pluralism there is within the international legal system is very much at its discretion and characterized by the ascendancy of states, themselves often not paragons of pluralism. That is not the end, however, of the ways in which international law and legal pluralism might be conceptualized. To say that international law is pluralistic might mean that there are distinct regimes of international law within international law, that international law is uniquely decentralized, that spaces exist between states that manifest plurality, that international law is a series of functional systems of regulation, that international law encourages domestic legal pluralism, or that international law includes a range of actors that are already shaping it plurally beyond the state. The chapter concludes with some thoughts on the desirability and challenges of ordering pluralism.
The Integrative Effects of Global Legal Pluralism
Authors: Hakimi Monica 
Published: October 2020

Abstract
International lawyers widely understand that legal pluralism is a fact of global life and that it can, in certain settings, be desirable. But many still approach it with some trepidation. A prominent skeptical claim is that pluralist structures lack the integrative resources that unify people around a shared governance project. This claim has been prominent with respect to two kinds of conflicts that are routine in international law: (1) conflicts that play out within a single international legal arrangement, and (2) conflicts that cut across multiple legal arrangements. For both, the skeptical claim is directed at the pluralist structure itself. The stated problem—the thing that is thought to disintegrate the association—is that competing legal positions are not reconciled or resolved but allowed to coexist, fester, and repeatedly reappear.
This chapter uses the historic experience of the World Trade Organization to challenge that claim. Although other scholars have already argued that the claim is overdrawn, Professor Hakimi contests its central premise. She argues that ineradicable governance conflicts are not necessarily dissociative for a political community—meaning the group of people who partake in a given governance project. Creating space for people to have these conflicts in relatively constructive ways can instead be productive for the group. It is a way for them to participate together and invest in the joint enterprise, despite their many disagreements, and thus to preserve the enterprise as a going concern that binds them.
E Pluribus Plures
Authors: Coyle Michael 
Published: October 2020

Abstract
In much of the world, colonialism has gone hand in hand with the deliberate suppression of Indigenous peoples’ values and the legal orders by which they governed themselves. In light of the marginal social conditions and threats to their future cultural survival that the imposition of colonial sovereignty has produced for Indigenous peoples, pressure has been rising in recent decades for states to recognize the right of Indigenous peoples to be governed by their own diverse laws and normative orders. To be effective, formal efforts to mediate the discourse between those norms and state laws will need to be capable of accommodating fundamental differences between Indigenous and state understandings of governance and of law. Drawing on Indigenous arguments for the revitalization of their laws as well as the insights of legal pluralism, this chapter sketches out a framework by which one might assess the adequacy of mechanisms that mediate between state and Indigenous norms. Our discussion will focus on Canada and Aotearoa/New Zealand, two countries where the issue of legal pluralism has recently taken center stage.
Legal Pluralism and Indigenous Legal Traditions
Authors: Gover Kirsty 
Published: October 2020

Abstract
This chapter draws on the scholarship of Indigenous legal theorists and practitioners to explore some of the Indigenous legal traditions that might be drawn on to advance just forms of legal pluralism in the settler societies of Australia, Canada, New Zealand, and the United States. It questions whether the methodologies and tools provided by the field of legal pluralism assist in the pursuit of these goals. It aims to show that Indigenous legal traditions emphasize the interrelatedness of people and of people and the natural world, and stress the need for balanced differentiation as a sustaining tension in legal orders. It argues that these could provide a much-needed corrective to the totalizing tendency of settler law and could usefully assist to curb its preoccupation with absoluteness and universality, but only if Indigenous legal traditions are given their due in the practice and study of law in settler societies.
Introduction
Authors: Swain Scott R. 
Published: October 2020

Abstract
Reformed theology is a catholic, Protestant tradition of inquiry concerning God and all things in relation to God. It takes Holy Scripture as its principal source and norm and orders itself to the glory of God as its chief end. Reformed theology is a rich tradition of inquiry with patristic, medieval, and Reformation roots. Though modern tendencies toward deconfessionalization have transformed both the setting and substance of Reformed theology, contemporary theologians continue to draw upon resources of the Reformed tradition to produce constructive formulations of Christian doctrine and to wrestle with challenges generated inside and outside the Reformed tradition. The present introduction surveys the three major sections of this Handbook: (1) contexts, (2) texts, and (3) topics.
Martin Bucer’sKingdom of Christ
Authors: Amos Scott 
Published: October 2020

AbstractMartin Bucer’s Kingdom of Christ [De Regno Christi] was written while he was in exile in England. It served as advice to King Edward VI (ruled 1547–53) on how to pursue more effectively reform of the English Church and commonwealth, and as constructive criticism of what had been done. The treatise was a summary of Bucer’s thinking on the relationship between church and society, and on how the Gospel should influence every aspect of life, resulting in the establishment of the rule of Christ in this world. The treatise is in two books; the first describes what constitutes the Kingdom of Christ, the second is a plan of action built on fourteen laws for reform of church and all of society. Though it is not a theological treatise in a narrow sense, the work makes substantial contributions to the doctrine of the church, church–state relations, and the conduct of the Christian life (especially church or Christian discipline).
John Calvin’sInstitutes of the Christian Religion
Authors: Helm Paul 
Published: October 2020

AbstractCalvin’s Institutes of the Christian Religion is treated as a key to Calvin’s own development as a Reformer and an international theologian. What started (in 1536) as a modest catechetical work became (in 1539/1541) a volume of systematic theological loci and then (by 1559) a treatise in four books. It was Calvin’s theological key to his many commentaries. This chapter attempts a survey of the various stages in which the literary nature of the Institutes was transformed as Calvin was involved in various theological issues within the Reformed church. As his authority increased, Reformed theology was subject to attacks of more free-thinking theological opponents beginning with Servetus. This contributed to the beginnings of Arminianism and Socinianism, and of Tridentine Romanism, and to the shaping of confessional orthodoxy.
John Owen’s Discourse on the Holy Spirit
Authors: McDonald Suzanne 
Published: October 2020

Abstract
John Owen’s Pneumatologia: Or A Discourse Concerning the Holy Spirit was first published in 1674. Owen considered this work, and projected further volumes on the Holy Spirit, to be the very first attempt of its kind; and it is still one of the most exhaustive accounts of the person and work of the Holy Spirit in English-language theology. Whereas many had treated various aspects of pneumatology, Owen views this as the first attempt to deal comprehensively with the person of the Spirit and the full range of his work. In addition to its value as a study of the Holy Spirit, Pneumatologia also exemplifies many aspects of Owen’s approach to theology. As a pastorally oriented theologian, even his most doctrinally focused writings are filled with applications for the believer’s life of discipleship, and frequent exhortations to encourage his readers to live out the implications of whatever theme is under discussion. Pneumatologia also demonstrates Owen’s priorities first as a scriptural theologian and then as someone who synthesizes his theological inheritance, in this case, the patristic, Thomist, and Reformed traditions.
Francis Turretin’sInstitutes of Elenctic Theology
Authors: Beach J. Mark 
Published: October 2020

AbstractAs among the most prominent works in the history of Reformed theology, Francis Turretin’s Institutes of Elenctic Theology merits attention and recognition as representative of Reformed orthodoxy and the scholastic method that contended for that orthodoxy. This we seek to do—first, exploring (only briefly) the theological background of Turretin’s scholastic theology; second, the origin and occasion of this work; next, and third, we treat the genre or type of theological writing that best describes his Institutes. This is followed with an analysis of Turretin’s theological method and a simple illustration of it. We then offer an analysis of some salient features of Turretin’s elenctic theology; and we conclude with a succinct account of the English publication history of this work.
Karl Barth’s Church Dogmatics
Authors: Busch Eberhard 
Published: October 2020

Abstract
The most significant Reformed theologian of the twentieth century, Karl Barth, exercised a remarkably critical role relative to the classical traditions of Reformed Theology. His theological project drew on modern biblical criticism, post-Kantian philosophy, and early twentieth-century approaches to Christocentrism. Nevertheless, he prepared to offer a systematic theology by going to school with the classic texts of the Reformed tradition and by engaging in prolonged biblical exegesis. Eventually, Karl Barth’s Church Dogmatics presented an orderly account of the Christian faith centred on and beginning with the self-presentation of God in Jesus Christ. It enfolds prolegomena, ethics, and homiletical guidance within its span, believing these ancillary discussions to demand properly theological and thus Christological regulation. This chapter explores the Christological focus and rhetorical style before turning to introduce each of the constituent parts (Word of God, God, Creation, and Reconciliation) of that magnum opus.
Prolegomena
Authors: van den Brink Gijsbert 
Published: October 2020

AbstractThis chapter charts some of the ways in which the prolegomena have traditionally been drafted and discussed in Reformed theology. First, we will examine the two Reformers who arguably most deeply influenced most of the later trajectories of Reformed theology: Philip Melanchthon and John Calvin. Next, we will turn to the movement of post-Reformation Reformed Orthodoxy, mapping some of its complex and intricate intellectual trajectories. We will then turn to Schleiermacher as the great nineteenth-century Reformed theologian who reinvented the prolegomena after Kant had given short shrift to their classical form. Subsequently, we will show how the tradition of Reformed prolegomena from Calvin to Schleiermacher received a surprising update in philosophical quarters by the end of the twentieth century, in circles of what has come to be called ‘Reformed epistemology’. Finally, in a brief prospect we will suggest some of the tasks and functions which any future (Reformed) prolegomena may fulfil after the demise of classical foundationalism.