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Non Essentialist Legal Pluralism

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In other words, what is missing in the concept of "non-essentialist legal pluralism" is the internal point of view. The view of the participant. The view of someone who not only has a belief about what the law is inside the society, but also of someone who demands the adoption of the legal practice because external conformity is part of the reasons to follow a rule, so as the expectation of legal implementation represents a key element for the social construction of law. In this perspective, what is missing then is the construction, in terms of collective intentions and shared expectations, of the social convention concept, what determines the categorial transformation of the factual moment that is immanent to praxis into a normative phenomenon, …show more content…

An undoubtedly complex task that includes the description of legal reality, today within an enigmatic context which demands to give a voice to claim of normativity not always externally covered with a legal form, but in which the need to describe does not prove to be, as in the non essentialist conventionalism, tainted by a definitional gap. And, in this perspective, to reinterpret the normativity of transnational law as a question of degree, in which the concept of social pressure that innervates Hart's perspective and founds the dialectic between social habits/social and legal rules will give back new compatibilities and new conflicts of the social business that necessarily proves the irreducibleness of the political/decisional character and the partiality of legal …show more content…

The inter-institutional normativity is contingent, intermittent and can blur within the global governance those fundamental theoretical assumptions –objectivity and permanence of organizations– that characterized the positions of traditional legal institutionalism, à la Romano. Nevertheless, it enables to inflect in the plural, according to a multilevel version, those legal decisions that emerge from practices, if they can provide a certain degree of intensity and interaction , giving back each time areas of normative inclusion/exclusion, unstable balances and forms of legal representation.
An interpretation, thus, in terms of compatibility between soft power and hard power, but also necessarily of conflict; the type of conflict that generates the same social construction as the law does, within an irregular path where legal system can be active or inactive, where you can have battles, claims and

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