Law Reform In Plural Societies
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| Author | : Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa |
| Publisher | : Springer |
| Total Pages | : 210 |
| Release | : 2017-11-04 |
| Genre | : Law |
| ISBN | : 3319655248 |
This book asserts that the Pacific Islands continue to struggle with the colonial legacy of plural legal systems, comprising laws and legal institutions from both the common law and the customary legal system. It also investigates the extent to which customary principles and values are accommodated in legislation. Focusing on Samoa, the author argues that South Pacific countries continue to adopt a Western approach to law reform without considering legal pluralism, which often results in laws which are unsuitable and irrelevant to Samoa. In the context of this system of law making, effective law reform in Samoa can only be achieved where the law reform process recognises the legitimacy of the two primary legal systems. The book goes on to present a law reform process that is more relevant and suitable for law making in the Pacific Islands or any post-colonial societies.
| Author | : Timothy Lindsey |
| Publisher | : Federation Press |
| Total Pages | : 756 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 9781862876606 |
Since the first edition, Indonesia has undergone massive political and legal change as part of its post-Soeharto reform process and its dramatic transition to democracy. This work contains 25 new chapters and the 4 surviving chapters have all been revised, where necessary. Indonesia: Law and Society now covers a broad range of legal fields and includes both historical and very up-to-date analyses and views on Indonesian legal issues. It includes work by leading scholars from a wide range of countries. There is still no comparable, English language text in existence.
| Author | : Lucia Busatta |
| Publisher | : Springer Nature |
| Total Pages | : 252 |
| Release | : 2021-09-02 |
| Genre | : Law |
| ISBN | : 3030784754 |
This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies. The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.
| Author | : Katayoun Alidadi |
| Publisher | : Taylor & Francis |
| Total Pages | : 282 |
| Release | : 2022-09-30 |
| Genre | : Law |
| ISBN | : 1000726053 |
This volume examines cases of accommodation and recognition of minority practices: cultural, religious, ethnic, linguistic or otherwise, under state law. The collection presents selected situations and experiences from a variety of regions and from different legal traditions around the world in which diverse societal stakeholders and political actors have engaged in processes leading to the elaboration of creative, innovative and, to a certain extent, sustainable solutions via accommodative laws or practices. Representing multiple disciplines and methodologies and written by esteemed scholars, the work analyses the pitfalls and successes of such accommodative practices, presenting insights into how solutions could or could not be achieved. The chapters address the sustainability and transferability of such solutions in order to further the dialogue in both scholarly and policy spheres. The book will be essential reading for academics, researchers, and policy-makers in the areas of minority rights, legal anthropology, law and religion, legal philosophy, and law and migration.
| Author | : Jennifer Corrin |
| Publisher | : Springer |
| Total Pages | : 179 |
| Release | : 2018-12-11 |
| Genre | : Law |
| ISBN | : 3319950770 |
This book deals with adoption laws and practices in small island developing states in the Pacific. It commences with an introductory chapter giving an overview of relevant laws and practices and pulling together the common themes and issues raised in the book. Each of the following chapters deals with adoption law and practice in a small South Pacific country. The countries in question all have plural legal systems, with systems of adoption and its closest customary law equivalent operating side by side. In most cases, there is an insufficiently developed relationship between the two systems, which has resulted in a number of problems. Additionally, international law adds another layer of complexity. Size and remoteness in the small states under discussion have a profound impact on local practices.
| Author | : Michel Rosenfeld |
| Publisher | : Routledge |
| Total Pages | : 344 |
| Release | : 2009-10-16 |
| Genre | : Law |
| ISBN | : 1135253285 |
The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
| Author | : Caroline Morris |
| Publisher | : Springer Nature |
| Total Pages | : 200 |
| Release | : |
| Genre | : |
| ISBN | : 3031469437 |
| Author | : Sarah Biddulph |
| Publisher | : Cambridge University Press |
| Total Pages | : 51 |
| Release | : 2007-12-20 |
| Genre | : Law |
| ISBN | : 113946809X |
Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.
| Author | : Siddharth Peter de Souza |
| Publisher | : Cambridge University Press |
| Total Pages | : 289 |
| Release | : 2022-08-31 |
| Genre | : Law |
| ISBN | : 1009276271 |
Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.
| Author | : Graham Hassall |
| Publisher | : Emerald Group Publishing |
| Total Pages | : 236 |
| Release | : 2020-11-11 |
| Genre | : Political Science |
| ISBN | : 1789736153 |
This book is a comparative study of government and public policy in the twenty small states of the Pacific Islands, examining the often tense societal interactions over competing conceptions of public-sector institutions and authority, rule-making, and policy processes.
