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Thursday, November 8, 2012
The Method is Dead, Long Live the Methods - European Polynomia and Pluralist Methodology
Globalization and Europeanization do not only produce coherence and uniformity but are flanked by differentiation and fragmentation, producing diverse and polycentric outcomes. This article puts forth reflections on European legal pluralism and a proposition for pluralist methodology. The author claims that in today’s Europe there is legal pluralism, which means that there are many over-lapping normative orders in Europe. It is claimed that Europe is fundamentally pluralistic. Hence there are overlapping non-coherent hierarchies and competing claims for normative power. This is conceptualized as polynomia. The article seeks to demonstrate that legal pluralism in the strong sense has penetrated into European legal doctrine. This state of affairs is claimed to result in a situation in which pluralism is not something that would concern legal anthropologists, legal historians or sociologist of law only. According to this article, doctrinal methods forged in the molds of legal centralism and monism are outdated and respond poorly to the present day European legal pluralism.
Husa, Jaakko, The Method is Dead, Long Live the Methods - European Polynomia and Pluralist Methodology (December 1, 2011). Legisprudence, Vol. 5, pp. 249-271, 2011 .