Alfonso de
Julios-Campuzano: Legal Cultures and Globalization. Methodological Premises for
a Cosmopolitan Law
In the context
of globalization, the existence of multiple legal cultures appears as a new
form of legal pluralism and poses important challenges to jurisprudence and
legal theory. On the one hand, the peaceful coexistence of several legal
cultures demands a reasonable level of sustainable diversity; on the other hand,
the processes of legal convergence can conceal new ways of legal imperialism,
by means of legal transplant. In view of this, we understand there is a
possibility of building a cosmopolitan law, but this requires a new model of
jurisprudence, released from the monist conception of state law, a formula that
can go beyond the framework of old 19th century jurisprudence, in
order to respond to the new circumstances of interdependence, globalization and
multiculturalism.
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