Espaço Jurídico (May 2014)

PLURALISMO JURÍDICO E A DIFUSÃO DOS DIREITOS / LEGAL PLURALISM

  • Guido Smorto

Journal volume & issue
Vol. 15, no. 1
pp. 177 – 196

Abstract

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The purpose of this essay is to describe how a pluralistic view of law reshapes the current legal discourse. The focus will be particularly on: sources of law, legal families and legal traditions, and legal transplants. While the traditional account based on State law and on a sharp opposition of legal/non legal and official/unofficial law proved to be untrustworthy and oversimplifying, the proposed conceptualization helps to outline the distinction in a more nuanced and realistic way. Keywords: Legal Pluralism. Comparative Law. Souces Of Law. Legal Families. Legal Transplants.