141), a proponent of coercive legal monocentrism can equally justifiably claim that a functioning state and a functioning legal order arise together.
As I see it, the chief, non-circular claim of the legal polycentrist is that market competition in the area of law and defense provision generates precisely these beneficial features, while state monopoly in this area necessarily prevents their emergence This is so especially insofar as the idea behind coercive legal monocentrism is essentially to override the aforesaid soft legal institutions rather than consult them, which results in the impossibility of making a logically meaningful distinction between the coercive monopolist enforcing the law and merely claiming to enforce it This, in turn, makes the whole concept of law empty or arbitrary (Wisniewski, 2013).
Legal Monocentrism and the Paradox of Government," Quarterly Journal of Austrian Economics 16, no.
entering the lifestyle, effects on marriage, monogamy and the moral architecture of the law, psychological science and the therapeutic narrative, and the heretical narratives regarding sexuality and monocentrism
Jean Rhys' Wide Sargasso Sea is a product of the modern postcolonialism and the use of language she does represents her extraordinary ability to subvert the ideologies of the West, deconstructing the European discourse and monocentrism
The background to the debate and various responses on legal monocentrism
and polycentricism in Africa, viewed from the perspective of legal pluralism within the nations-state, constitute the remainder of the paper.
His concept of Afrikan Humanism dialectically drew on the heritage of 20th century Pan Africanism and Black Consciousness ideologies of the 1930s and 1940s, as well as later debates among Africanist theorists on issues of essentialism, racism, ethnocentrism and monocentrism
By legal monocentrism I mean the view that law and defense are public goods, which have to be supplied by a territorial monopoly of force if they are to be supplied at all (Head and Shoup, 1969, p.
1) To accomplish this, I shall critically evaluate the logical consistency of the solutions advanced in this context by the proponents of legal monocentrism, based on the claim that institutional constraints in the form of democratic elections or checks-and-balances can place working constitutional limitations on the power of a coercive monopolist of law and defense.
Let us now survey some potential solutions to the above difficulty that might be offered by the supporters of legal monocentrism committed to the viability of the notion of the rule of law.
The second solution offered in this context by the supporters of legal monocentrism is to create an institutional structure based on the principle of checks and balances.
What I did argue is that under coercive legal monocentrism the meaning thus established is irrelevant from the point of view of law enforcement, since territorial monopolies of force set themselves up as exclusive lawgivers and law interpreters within the areas they control, and, as demonstrated in the preceding paragraphs, it is implausible to assume that the procedure of democratic elections can provide an effective external check on their actions.