Legal Pluralism Reflection on the of Binding Nature of Legal Rule and Parameters of the Evolution of Legal System

Abstract

Legal pluralism can be limited to formal and technical analyses; it could mean the governing of different legal mechanism to identical situations. Meanwhile, this meaning of legal pluralism hinders the judgment of all realities of the legal system and its development. Legal pluralism should not be investigated on the legal mechanisms level, but rather in the foundations and origins of the legal rules. This meaning of legal pluralism can be vertical or horizontal. Vertical pluralism is accepting several foundations in the same lenght, and lower foundation obtains its validity from higher foundation. It is horizontal when several foundations are in same width and no foundation doesn’t obtain its validity from other foundation and they are independent. In any case, both types of pluralism lead to substantive diversity of legal rules. Legal pluralism also provides for development in the legal system and most importantly justifies the evolution from traditional law to modern law and from modern law to postmodern law.

Keywords

• legal pluralism
• legal monism
• modern law
• post-modern law
• traditional law