VI Indonesian Journal of International & Comparative Law 425-44 (July 2019)
e challenge today is the strengthening of this already functioning
participatory process, on which the pursuit of global justice will to a
great extent depend. It is not a negligible cause.1
is paper seeks to establish that law is not a watertight entity captur-
ing the entirety of life, but rather an internally plural phenomenon,
evolving through situation-specic scrutiny and lived experiences.
Managing the competing forces of legal pluralism vis-à-vis a plurali-
ty-conscious framework has become an increasingly dynamic, inter-
nally vigilant, extremely liquid, and highly explosive process. Howev-
er, amidst unyielding state-centric etatism, reform-orientated activists
yearn for a momentary glimpse of the moon of bliss.2 While such “bliss”
denotes hope for a rational “glocalized” legal order, it leaves activists
“only to be irritated and disappointed when reality yields merely a mir-
ror image of what was desired.”3 Although Mother Yashoda’s trick en-
ables Krishna to enjoy the comfort of a toy moon, it is reminiscent of
“a non-verbal strategy of diversity management, deeply relevant for the
global rhetoric of global justice.”4 With competing forces of replication
(ocial law) and hybridization (living law) in some sense cultivating
myopia5 amidst justice centricity, the modalities and scope of legal
pluralism, within the lacunae of international law, must be reassessed.
What is a justice-based framework if the needs of individuals are dis-
regarded? Is it an impartial modus operandi intertwined with judicial
choreography, seeking to redress the oppressed, or as Professor Emeri-
1. A S, T I J 410 (2009).
2. is famous kahani (story) is easily told: Little Krishna demands the moon as
a toy and his mother, Yashoda, cleverly holds up a mirror so that he sees the
moon’s reection in it and can play with it.
3. Werner Menski, Still Asking for the Moon? Opening Windows of Opportunity
for Better Justice in India, 49 V R Ü. 125-47, 125
5. Joanne Connaghan, Law, Harm and Redress: A Feminist Perspective, 22 L.
S. 319-39, 319 (2002).