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5 NoFo 1 (2008)

handle is hein.journals/nfdnsaisy5 and id is 1 raw text is: Scripta amicorum Virtu) contro afurore Prenderd I'arme; efia el combatter corto: Chi l'antico valore Nell'italici cor non e ancor morto - Petrarca O n behalf ofNo Foundations, it is a great pleasure for us to congratulate professor Kaarlo Tuori on his sixtieth birthday. For this jubilation issue, Tuori's friends from all around Europe have produced a selection of texts that we are truly proud to present. All the contributors have taken the demanding task to observe and analyze the present moment and what is yet to emerge, and they do this with an impressive critical hold. We can hardly think of anything more fitting for Kalle's Festschrift. Klaus Gunther discusses the challenges presented to law by the pluralism caused by globalization. The law is becoming more and more detached from nation state legislation, and the positivist uniform concept of law no longer corresponds with legal reality. The situation is problematic from the point ofview of normative theory. Firstly, a fragmented legal system cannot secure the basic justice, that is, equal treatment in adjudication. Secondly, law-making uncontrolled by parliaments produces law that lacks justification, at least in the form of democratic legitimacy. After an analysis of certain manifestations of the legal globalization, Gunther moves on to discuss the subject of legal pluralism. By legal pluralism he does not only mean the mixing of regional, international and national laws, but also such types of effective law that do not stem from any public authority. Here he draws on such classics as Eugen Ehrlich, Leopold Pospisil, Sally Falk Moore and Boaventura de Sousa Santos. Gunther considers that the perspective of these, as well as the perspective of today's pluralistic approaches to globalization, is descriptive and external. Lawyers, however, cannot as participants in the legal practice 'avoid treating legal materials at least under the hypothesis of self-containment, unity and coherence; otherwise they could not communicate with each other'. On the basis of this Gunther elaborates the idea of the universal code of legality, which for him is not a bold vision for the future, but something already at work. Gunther's code is not natural law, it merely serves the individuation of what is legal, what can be negotiated on in the legal language, in today's pluralistic contexts. The universals

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