The International and Comparative Law Quarterly, Oct 2011, Vol.60(4), pp.1095-1096
Setting aside debates about the status of the contemporary lex mercatoria, the author is certainly correct in insisting that a legal theory that fails to account for legal and normative hybridity in either the past or the present provides little explanatory power or conceptual clarity. In the final section, von Daniels critically discusses both dominant Anglophone analytical jurisprudence and more recent efforts at a 'general jurisprudence' that parallel his own attempt to move beyond a narrow focus on State law. The author argues that each neglects the importance of non-State normative orders, both in Western history and around the world, In what is 'something of a family dispute' (p 197), von Daniels is also critical of Brian Tamanaha and William Twining's separate attempts to formulate a 'general jurisprudence' that covers both State laws and other non-State norms.
United States–Us ; Jurisprudence ; Anglophones ; Transnationalism ; Philosophy ; State Laws ; Transnationalism ; Philosophers ; Law ; University of Limerick
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