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Membership and Global Legal Pluralism

Community is the building block of global legal pluralism. The state has been the dominant normative community in a global perspective. That reflected sociological realities on the ground. Global legal pluralism understands that the state no longer preempts other forms of community. Much of the legal pluralist literature considers the complex dynamic interaction of normative communities, state and nonstate. But it does little to consider from a normative perspective how those communities are constituted. This chapter maps a global legal pluralist approach to membership. It addresses questions relating to entry, exit, and expulsion. It does so with respect to membership in the state as well as membership in nonstate communities. It also considers issues relating to multiple membership. The chapter closes with some speculations on global citizenship, suggesting that membership in a global community has become meaningfully supplemental to membership in other communities. The chapter deploys archetypal cases, some real, some hypothetical, to illustrate membership’s consequence.