Ralf Michaels (Max Planck Institute Hamburg) has posted Private International Law and the Legal Pluriverse on SSRN.
The abstract reads:
Private international law responds to the plurality of existing normative orders, and at the same time, as domestic law, it partakes in that plurality. As a consequence, private international law does not overcome legal plurality, nor does it provide a metanormativity shared between the regimes; it merely adds a second level to the plurality of substantive laws and conflicts regimes. This makes a legal ontology necessary that avoids oneness and embraces plurality. The chapter suggests pluriversality as such an ontology. Drawing on different theories – Carl Schmitt, William James, and decolonial theory – such an ontology is developed and analyzed. Private international law is not an add-on in such an ontology; instead it is a constitutive element.
The paper is forthcoming in Philosophical Foundations of Private International Law, OUP, Roxana Banu, Michael Green, Ralf Michaels, eds.
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