Asking the sovereignty question in global legal pluralism: From “weak” jurisprudence to “strong” socio-legal theories of constitutional power operations

Priban, Jiri ORCID: https://orcid.org/0000-0002-4760-6734 2015. Asking the sovereignty question in global legal pluralism: From “weak” jurisprudence to “strong” socio-legal theories of constitutional power operations. Ratio Juris 28 (1) , pp. 31-51. 10.1111/raju.12065

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Abstract

The article examines recent theories of legal and constitutional pluralism, especially their adoption of sociological perspectives and criticisms of the concept of sovereignty. The author argues that John Griffiths’s original dichotomy of “weak” and “strong” pluralism has to be reassessed because “weak” jurisprudential theories contain useful sociological analyses of the internal differentiation and operations of specific legal orders, their overlapping, parallel validity and collisions in global society. Using the sociological methodology of legal pluralism theories and critically elaborating on Teubner’s societal constitutionalism, the author subsequently reformulates the question of sovereignty as a sociological problem of complex power operations communicated through the constitutional state’s organization and reconfigured within the global legal and political framework.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Cardiff Law & Politics Law
Subjects:	J Political Science > JC Political theory K Law > K Law (General)
Publisher:	Wiley
ISSN:	0952-1917
Last Modified:	28 Oct 2022 09:28
URI:	https://orca.cardiff.ac.uk/id/eprint/74639

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