PLURALISM AND ADJUDICATION
(LAWS-8010) - 1 UNIT
The purpose of the course is to verse students in descriptive and normative accounts of pluralism in law, and to explore its application to the institutional design of structures of adjudication along multiple axes, such as religious-secular, local-national, generalist-specialized, centralized-diffuse. The course will review the main conceptualizations of legal pluralism, both as a sociological construct and as a prescription in liberal thought, and engage their critiques. We will then explore several test cases in the design of adjudication, in contexts with comparative application from both Israel and the U.S., which reveal the interactions between the rule of law, access to justice, and the accommodation of difference. Both choice in jurisdictional delimitation and in the formation of decision-making bodies and processes will be discussed. Among the topics that will be examined: public and private religious dispute resolution and its relation to secular adjudication; diffuse vs. concentrated judicial review; localism, federalism, and globalism as pluralism.