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Jurisprudence for Global Law?

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In developing a jurisprudence for global law, we have to move beyond the paradigms of the Western legal tradition. A crucial issue is how legal professionals will be able to deal with complex interdependencies involving cultural notions from a non-western legal tradition. A dialogue is then called for, as the example of Amartya Sen’s analysis of the Indian concepts of niti (somewhat like organizational propriety) and nyaya (somewhat like living law) demonstrates. Accordingly, global legal scholarship must not only become post-national, inter-disciplinary and empirical (as Pierre Larouche argues elsewhere in this issue) but it must also concern itself with cultural issues of justice and injustice.

Affiliations: 1: Professor, Tilburg Law School, The Netherlands, Email: w.j.witteveen@tilburguniversity.edu, URL: http://www.w3.org/1999/xlink

10.1163/22112596-01702009
/content/journals/10.1163/22112596-01702009
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/content/journals/10.1163/22112596-01702009
2012-01-01
2016-12-09

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