Legal Pluralism In The Context Of Globalization

By empirical study and comparative research on three representative texts, the dissertation tries to answer"what is legal pluralism in the context of globalization","how does it generate"and"what does it mean". It concludes that: on the ontological level, legal pluralism is a kind of theoretical practice through which western legal science community use its traditional knowledge to explain globalization of law; on epistemological level, it provides an analytical map based on epistemology of subject and object monism, the linguistic turn of methodology and complexity thinking method; on axiology level, it represents a kind of legal ideology which favors the model of rule by plural law not by the monopoly of state law. It aims at saving the crisis of western welfare state, the crisis of materialization of law and the epistemological crisis of modern legal science. Thus legal pluralism is not a new paradigm emerging in the situation of globalization, but the continuity and expansion of traditional western legal knowledge. It responses to the practical problems encountered by western society in the process of globalization. As an expression of a particular kind of position and value, it does not have priori justification and universality.