This thesis explores the potential of the theory of legal pluralism. It examines the extent to which such a theory can contribute to an understanding of the regulatory crisis of the nation-state and serve as a point of departure for new regulatory approaches. A historical overview which looks at the disciplinary origins of legal pluralism is followed by an analysis of several legal pluralist concepts. This analysis serves as the basis for an elaboration of the descriptive and normative aspects of legal pluralism. The concept is compared with other social theories which are concerned with similar questions as legal pluralism. To illustrate the legal pluralist approach, same specific examples from the media sector are introduced. The thesis concludes by showing where a legal pluralist analysis might be appropriate and, moreover, how the theory can contribute to regulatory ways alternative to direct state intervention and market conceptions.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.31170 |
| Date | January 2000 |
| Creators | Link, Astrid. |
| Contributors | Macdonald, R. A. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001783782, proquestno: MQ70350, Theses scanned by UMI/ProQuest. |
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