The province of jurisprudence unbound: re-conceptualising law in a world of normative diversity, interaction and conflict Online publication date: Fri, 31-Oct-2014
by Zhong Xing Tan
International Journal of Private Law (IJPL), Vol. 7, No. 4, 2014
Abstract: In conceptualising law, Hart, like most Anglo-American legal theorists, took the municipal legal system as his starting point. My thesis is that a state-based concept of law cannot adequately explain the diversity of interacting and conflicting normative orders in today's global arena. In its place, I propose an original re-conceptualisation of law as justice-oriented discourse across overlapping social fields. I first explain why it is fallacious to assume that the state should be the starting point for theoretical construction. Next, I use Hart's theory to demonstrate that a state-based theory cannot accommodate normative diversity, conflict and interaction. Finally, I explore various alternative theories, and suggest that law as 'justice-oriented discourse' best rises to the challenge of general jurisprudence in today's world. I conclude that our concepts of law must always remain sensitive to the emergence of new legal phenomena, and thus the task of the legal theorist is never complete.
Existing subscribers:
Go to Inderscience Online Journals to access the Full Text of this article.
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Private Law (IJPL):
Login with your Inderscience username and password:
Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.
If you still need assistance, please email subs@inderscience.com
Our Blog 
Follow us on Twitter 
Visit us on Facebook