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Licensed Unlicensed Requires Authentication Published by De Gruyter June 23, 2008

The Pluralization of Regulation

  • Christine Parker

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.

Published Online: 2008-6-23

©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston

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