Abstract

This Article examines normative arguments for legal pluralism in regulation. First I briefly set out what we know in fact about how plural regulatory orderings interact and compete with state agency regulatory action. Second, I sketch, and reject, a simple legal pluralist response to regulatory pluralism. In the third part of the Article I show that "responsive" and "reflexive" approaches to intentional pluralization in the design of law should be seen as providing different but complementary pictures of pluralized law. Finally I argue that this pluralized view of law might provide us with the conceptual tools to identify a type of emergent, pluralistic law, without or beyond the state, which would be relevant to thinking about both transnational regulation and multiculturalism.

A comment on this article is available in the TIL Forum: Robert Eli Rosen, Endogeneity and Its Discontents: Teubner and Selznick on Legal Pluralism.

Recommended Citation

Parker, Christine (2008) "The Pluralization of Regulation," Theoretical Inquiries in Law: Vol. 9 : No. 2, Article 2.
Available at: http://www.bepress.com/til/default/vol9/iss2/art2