Dynamics Of Plural Legal Orders
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Author | : Franz von Benda-Beckmann |
Publisher | : LIT Verlag Münster |
Total Pages | : 298 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9783825898984 |
This volume examines dynamics of legal pluralism and explores the varied ways in which constellations of legal pluralism play out in social life. It aims to bridge the social and theoretical space between small scale case studies and abstract generalization. The introduction provides an overview of developments in the field of legal pluralism and offers an analytical perspective on the dynamics of the maintenance of and change in constellations of legal pluralism. Contributions examine situations in which the state is seen as remote from local settings and others in which local populations are actively engaged in widening the scope and validity of state law. By focusing on historical developments and the fault lines of rapid political change in both post-socialist and post-authoritarian states, the volume shows that legal legacies of the past continue to have an impact. Authors look at the social significance of the various, and sometimes competing, types of law which religious and secular transnational actors introduce into local settings. Franz and Keebet Benda-Beckmann are both Head of Project Group for the Project Group Legal Pluralism at the Max Planck Institute for Social Anthropology, Halle (Germany).
Author | : Paul Schiff Berman |
Publisher | : Oxford University Press, USA |
Total Pages | : 1133 |
Release | : 2020-09-24 |
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 | : Siddharth Peter de Souza |
Publisher | : Cambridge University Press |
Total Pages | : 288 |
Release | : 2022-09-30 |
Genre | : Law |
ISBN | : 1316514897 |
It pluralises the conversation around legal indicators by considering the diversity of law and legal institutions in the Global South.
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 | : 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 | : Franz von Benda-Beckmann |
Publisher | : Routledge |
Total Pages | : 240 |
Release | : 2016-04-01 |
Genre | : Law |
ISBN | : 1317051467 |
Spatializing Law: An Anthropological Geography of Law in Society focuses on law and its location, exploring how spaces are constructed on the terrestrial and marine surface of the earth with legal means in a rich variety of socio-political, legal and ecological settings. The contributors explore the interrelations between social spaces and physical space, highlighting the ways in which legal rules may localise people's rights and obligations in social space that may be mapped onto physical space. This volume also demonstrates how different notions of space and place become resources that can be mobilised in social, political and economic interaction, paying specific attention to the contradictory ways in which space may be configured and involved in social interaction under conditions of plural legal orders. Spatializing Law makes a significant contribution to the anthropological geography of law and will be useful to scholars across a broad array of disciplines.
Author | : |
Publisher | : LIT Verlag Münster |
Total Pages | : 136 |
Release | : |
Genre | : |
ISBN | : 7838258138 |
Author | : Susanne Epple |
Publisher | : transcript Verlag |
Total Pages | : 415 |
Release | : 2020-07-31 |
Genre | : Social Science |
ISBN | : 3839450217 |
Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.
Author | : Franz von Benda-Beckmann |
Publisher | : Berghahn Books |
Total Pages | : 273 |
Release | : 2012 |
Genre | : Law |
ISBN | : 0857456156 |
How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.
Author | : Miranda Forsyth |
Publisher | : ANU E Press |
Total Pages | : 318 |
Release | : 2009-09-01 |
Genre | : Law |
ISBN | : 1921536799 |
This book investigates the problems and possibilities of plural legal orders through an in-depth study of the relationship between the state and customary justice systems in Vanuatu. It argues that there is a need to move away from the current state-centric approach to law reform in the South Pacific region, and instead include all state and non-state legal orders in development strategies and dialogue. The book also presents a typology of models of engagement between state and non-state legal systems, and describes a process for analysing which of these models would be most advantageous for any country in the South Pacific region, and beyond.