The Journal Of Legal Pluralism And Unofficial Law 65 2012
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| Author | : Brian Z. Tamanaha |
| Publisher | : Cambridge University Press |
| Total Pages | : 271 |
| Release | : 2012-05-28 |
| Genre | : Law |
| ISBN | : 1107019400 |
Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.
| Author | : Paul Schiff Berman |
| Publisher | : Oxford University Press |
| Total Pages | : 1133 |
| Release | : 2020-06-01 |
| Genre | : Law |
| ISBN | : 0197516769 |
Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
| Author | : Norbert Oberauer |
| Publisher | : BRILL |
| Total Pages | : 268 |
| Release | : 2019-05-20 |
| Genre | : Law |
| ISBN | : 9004398260 |
Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
| Author | : Erich Kolig |
| Publisher | : Lexington Books |
| Total Pages | : 289 |
| Release | : 2016-10-24 |
| Genre | : Social Science |
| ISBN | : 1498543545 |
In Muslim Integration: Pluralism and Multiculturalism in New Zealand and Australia, contributors from a range of backgrounds investigate the state of Muslim integration in New Zealand and Australia. The growing presence of a Muslim minority has invited these two Pacific settler states to closely consider the question of Muslim integration into Western society. This collection discusses the future of religio-cultural pluralism, multicultural policies, and the growing demands for greater emphasis on assimilation. Contributors examine issues such as parallel societies, Islamophobia, radicalization, tolerance, adaptation and mutual adjustment, legal pluralism, the role of mosque architecture, and media depictions of Muslims are examined. Recommended for scholars of anthropology, religious studies, sociology, and political science.
| Author | : Paul Schiff Berman |
| Publisher | : |
| Total Pages | : 1133 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 0197516742 |
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
| Author | : Nico Krisch |
| Publisher | : Cambridge University Press |
| Total Pages | : 521 |
| Release | : 2021-11-11 |
| Genre | : Law |
| ISBN | : 1108843069 |
Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.
| Author | : Austin Sarat |
| Publisher | : John Wiley & Sons |
| Total Pages | : 481 |
| Release | : 2015-06-22 |
| Genre | : Political Science |
| ISBN | : 1118701461 |
Bringing a timely synthesis to the field, The Handbook of Law and Society presents a comprehensive overview of key research findings, theoretical developments, and methodological controversies in the field of law and society. Provides illuminating insights into societal issues that pose ongoing real-world legal problems Offers accessible, succinct overviews with in-depth coverage of each topic, including its evolution, current state, and directions for future research Addresses a wide range of emergent topics in law and society and revisits perennial questions about law in a global world including the widening gap between codified laws and “law in action”, problems in the implementation of legal decisions, law’s constitutive role in shaping society, the importance of law in everyday life, ways legal institutions both embrace and resist change, the impact of new media and technologies on law, intersections of law and identity, law’s relationship to social consensus and conflict, and many more Features contributions from 38 international expert scholars working in diverse fields at the intersections of legal studies and social sciences Unique in its contributions to this rapidly expanding and important new multi-disciplinary field of study
| Author | : Fareda Banda |
| Publisher | : Routledge |
| Total Pages | : 328 |
| Release | : 2016-02-12 |
| Genre | : Law |
| ISBN | : 1317517660 |
The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women’s political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women’s equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.
| Author | : Md Jahid Hossain Bhuiyan |
| Publisher | : Taylor & Francis |
| Total Pages | : 307 |
| Release | : 2024-08-23 |
| Genre | : Law |
| ISBN | : 1040131158 |
Today, pluralism is increasingly the norm and can be seen as a permanent characteristic of modernity. As seen in world events, religion has not become irrelevant but more diverse, giving rise to a complex web of religion and belief minorities, together with intra-plural majorities. Nations seek ways to implement the ideal of freedom of religion, but as this book shows, whether East or West, in the global North or the South, there is no simple formalism for accommodating religious diversity. Different faith communities have competing needs and demands for the same social space, with tensions inevitably arising. This book highlights responses from liberal democracies which enshrine secularism into their constitutions to other constitutions where religion and ethnic identity are enshrined to prioritise their ethno-religious majority. Western and Asian countries encounter different obstacles and challenges. With analysis from 19 international scholars, the book explores different obstacles and responses to accommodation of religious minorities in a range of jurisdictions. In a globalised world, it will be invaluable for comparative legal scholars, for law and religion scholars, researchers and students, and decision-makers, e.g., governments, non-governmental organisations, and for those who seek to better understand the challenges of our time.
| Author | : Austin Sarat |
| Publisher | : Emerald Group Publishing |
| Total Pages | : 232 |
| Release | : 2019-06-10 |
| Genre | : Political Science |
| ISBN | : 178973729X |
This special issue of Studies in Law, Politics and Society contains two sections, focusing on the interaction between law and religion, together with the ways in which the law simultaneously enhances and inhibits projects of social change.
