Legal Pluralism as a Category of Analysis

Abstract

A debate has raged for decades over legal pluralism and its value for the study of law. Much of this back and forth has resolved to a fight over what law “is” and push-and-pull between legal centrists and pluralists. This introductory essay proposes a new framework for thinking about legal pluralism. Turning away from the centrist/pluralist binary, we instead ask what work legal pluralism as a category of analysis can do. The debate, we suggest, is a fundamental methodological disagreement about the normative work that categories of analysis do and the costs that historians should be willing to pay to reap the benefits of theoretically sophisticated frameworks of analysis which are interoperable between times and places. The debate about legal pluralism, we argue, can be productively reframed as a question about the benefits and drawbacks of the legal pluralist framework.