ABSTRACT

At one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere. An obvious example is the existence of both the civil law and the common law systems within the same legal order, as is the case in Canada and the European Union (EU). This traditional and important dichotomy relies on a relatively clearcut and widely understood set of objects. Even if the terms used to designate them are far from fixed, there is little ambiguity about the objects themselves. It does not really matter whether common law and civil law are designated as systems, as above, or as traditions as is often done in the literature. In the same vein, we could speak of the 'legal systems' of Canada and the EU without changing the meaning we have in mind when employing the term 'legal order' to refer to the same objects. The 'jural' or 'juralism' suffixes in 'multijural' or 'multijuralism' (or, for that matter, in 'monojural' and 'monojuralism') are also unambiguous in that context because they point in a relatively straightforward way to the dominant types or forms of laws and judicial procedures that are deemed to differentiate the common law and the civil law systems or traditions.