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| 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 | : Paul Schiff Berman |
| Publisher | : Cambridge University Press |
| Total Pages | : 357 |
| Release | : 2012-02-27 |
| Genre | : Law |
| ISBN | : 1107376912 |
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
| 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 | : András Sajó |
| Publisher | : Eleven International Publishing |
| Total Pages | : 271 |
| Release | : 2004 |
| Genre | : Civil rights |
| ISBN | : 9077596046 |
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
| Author | : Kirsten McConnachie |
| Publisher | : Routledge |
| Total Pages | : 220 |
| Release | : 2014-04-24 |
| Genre | : Law |
| ISBN | : 1135051348 |
Refugee camps are imbued in the public imagination with assumptions of anarchy, danger and refugee passivity. Governing Refugees: Justice, Order and Legal Pluralism challenges such assumptions, arguing that refugee camps should be recognized as spaces where social capital can not only survive, but thrive. This book examines camp management and the administration of justice in refugee camps on the Thailand-Burma border. Emphasising the work of refugees themselves in coping with and adapting to encampment, it considers themes of agency, sovereignty and legal pluralism in an analysis of local governance and the production of order beyond the state. Governing Refugees will appeal to anyone with relevant interests in law, anthropology and criminology, as well as those working in the area of refugee studies.
| Author | : Lauren Benton |
| Publisher | : NYU Press |
| Total Pages | : 325 |
| Release | : 2013-07-22 |
| Genre | : Law |
| ISBN | : 0814708188 |
This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.
| 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 | : 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 | : M. Kötter |
| Publisher | : Springer |
| Total Pages | : 262 |
| Release | : 2015-02-02 |
| Genre | : Political Science |
| ISBN | : 1137403284 |
This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.
| Author | : Werner Zips |
| Publisher | : LIT Verlag Münster |
| Total Pages | : 305 |
| Release | : 2011 |
| Genre | : History |
| ISBN | : 3825898229 |
Law is considered by lawyers and sociologists to be at the very center of social integration in Western societies, whereas social anthropological discourses regard law as marginal in non-Western societies. Empirical studies of multi-sited legal frameworks in many post-colonial political settings demonstrate the difficulties to achieve any predictable mode of governance, much less "good governance." This book challenges both the marginalization of legal arrangements and discourses in social anthropology, as well as the marginalization of legal anthropology within social anthropology. It combines the related fields of Political and Legal Anthropology in order to contribute towards a meaningful (re)integration of the anthropology of law into the mainstream of social anthropology. (Series: Ethnologie: Forschung und Wissenschaft - Vol. 12)
