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from Part III - Plurality
Published online by Cambridge University Press: 03 September 2021
This essay employs the perspective of modern state law. In this Part, I discuss developments which problematise the taken-for-granted state-centrist features of my framework. I have already questioned two of the foundational reductions of Legal Positivism: law’s reduction to normativity and legal normativity’s reduction to its surface level. The time has come to attack even the third one: the reduction of law to state law. The rise of non-state law has profoundly altered the setting for examining the plurality of law. Yet in the following the dominant perspective from which non-state law will be examined will still be that of state law. The conceptual language will be the legal language of modern state law, and the distinctions that govern my approach to non-state law derive from this particular type of law.
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