Courts Pluralism And Law In The Everyday

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Courts, Pluralism, and Law in the Everyday

Author : Cinzia Piciocchi
Publisher :
ISBN 13 : 9781032403687
Total Pages : 0 pages
Book Rating : 4.4/5 (36 download)

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Book Synopsis Courts, Pluralism, and Law in the Everyday by : Cinzia Piciocchi

Download or read book Courts, Pluralism, and Law in the Everyday written by Cinzia Piciocchi and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book examines the everyday judicial experience in four multicultural jurisdictions as a means of exploring the relationship between legal systems and cultural identities. Increasing social heterogeneity has deeply affected legal systems as courts and parliaments must now deal with a growing rate of cases concerning cultural pluralism. Headline grabbing disputes usually concern challenges to fundamental rights and principles which may be put at risk by some religious or cultural practices. These are difficult issues questioning the compatibility between some cultural and religious practices and constitutional values. However, much of the interaction between law and cultural pluralism also concerns daily life activities, which do not necessarily challenge fundamental rights. This book deals with food, clothing and days of rest: three expressions of both human needs and identity, which are based on ethnic origin, tradition, culture, religion or, simply, taste. The volume looks at the intersection between these choices and constitutional rights such as religious liberty, or freedom of expression. It aims to understand how the state legal system deals with them and when non-mainstreaming behaviours are accommodated. Four legal systems are taken into consideration: the United States of America, Canada, Franc, and Italy, exploring similarities and differences in facing cultural diversity around these quotidian issues. The book pays particular attention to the places where diversity is most apparent and also considers the choices that are not based on religious precepts, but rather on "personal philosophy". The book will be of interest to researchers, academics and policy-makers working in the areas of Constitutional Law, Law and Cultural Diversity, Human Rights, Minority Rights and Discrimination Law"--

Fictions of Justice

Author : Kamari Maxine Clarke
Publisher : Cambridge University Press
ISBN 13 : 0521889103
Total Pages : 353 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Fictions of Justice by : Kamari Maxine Clarke

Download or read book Fictions of Justice written by Kamari Maxine Clarke and published by Cambridge University Press. This book was released on 2009-05-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.

The Oxford Handbook of Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Legal Pluralism in Action

Author : Dr Latif Tas
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472422104
Total Pages : 222 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Legal Pluralism in Action by : Dr Latif Tas

Download or read book Legal Pluralism in Action written by Dr Latif Tas and published by Ashgate Publishing, Ltd.. This book was released on 2014-07-28 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book contributes to, and refocuses, public debates about the incorporation of plural approaches into the English legal system. The book specifically advances the recent, largely theoretical, discussions of Sharia legal practice by examining a secular method of dispute resolution as practised by the Kurdish Peace Committee in London. Following migration to the West, many Kurds still adhere to traditional values and norms. Building on these, they have adapted their customary legal practices to create unofficial legal courts and other forms of legal hybridisation. These practical solutions to the challenges of a pluralistic life are seen by Kurdish communities in the UK as applicable not only to British and transnational daily life, but also as a training ground for institutions in a possible future Kurdish state. The study provides a substantive evidence base using extensive ethnographic data about the workings of the Kurdish Peace Committee, examining detailed case studies in the context of the customs and practices of the Kurdish community. Based on an ethnographic and interdisciplinary approach, this book will be of interest to policy makers, socio-legal professionals, students and scholars of legal anthropology, ethnic minority law, transnationalism, diaspora, Kurdish, Turkish and Middle Eastern studies.

Courts, Pluralism and Law in the Everyday

Author : Cinzia Piciocchi
Publisher : Taylor & Francis
ISBN 13 : 1000924580
Total Pages : 275 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Courts, Pluralism and Law in the Everyday by : Cinzia Piciocchi

Download or read book Courts, Pluralism and Law in the Everyday written by Cinzia Piciocchi and published by Taylor & Francis. This book was released on 2023-08-11 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the everyday judicial experience in four multicultural jurisdictions as a means of exploring the relationship between legal systems and cultural identities. Increasing social heterogeneity has deeply affected legal systems as courts and parliaments must now deal with a growing rate of cases concerning cultural pluralism. Headline-grabbing disputes usually concern challenges to fundamental rights and principles which may be put at risk by some religious or cultural practices. These are difficult issues questioning the compatibility between some cultural and religious practices and constitutional values. However, much of the interaction between law and cultural pluralism also concerns daily life activities, which do not necessarily challenge fundamental rights. This book deals with food, clothing and days of rest: three expressions of both human needs and identity which are based on ethnic origin, tradition, culture, religion or, simply, taste. The volume looks at the intersection between these choices and constitutional rights such as religious liberty or freedom of expression. It aims to understand how the state legal system deals with them and when non-mainstreaming behaviours are accommodated. Four legal systems are taken into consideration – the United States of America, Canada, France and Italy – exploring similarities and differences in facing cultural diversity around these quotidian issues. The book pays particular attention to the places where diversity is most apparent and also considers the choices that are not based on religious precepts, but rather on “personal philosophy”. The book will be of interest to researchers, academics and policy-makers working in the areas of constitutional law, law and cultural diversity, human rights, minority rights and discrimination law.

Legal Pluralism Explained

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
ISBN 13 : 0190861584
Total Pages : 208 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Legal Pluralism Explained by : Brian Z. Tamanaha

Download or read book Legal Pluralism Explained written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 2021-03-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.

Invitation to Law & Society

Author : Kitty Calavita
Publisher : University of Chicago Press
ISBN 13 : 022629661X
Total Pages : 245 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis Invitation to Law & Society by : Kitty Calavita

Download or read book Invitation to Law & Society written by Kitty Calavita and published by University of Chicago Press. This book was released on 2016-04-11 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research and real-life examples that “lucidly connect some of the divisive social issues confronting us today to that thing we call ‘the law’” (Law and Politics Book Review). Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement. “Entertaining and conversational.” —Law and Social Inquiry

Legal Pluralism and Development

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
ISBN 13 : 1107019400
Total Pages : 271 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Legal Pluralism and Development by : Brian Z. Tamanaha

Download or read book Legal Pluralism and Development written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2012-05-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Pluralism and Empires, 1500-1850

Author : Lauren Benton
Publisher : NYU Press
ISBN 13 : 0814708188
Total Pages : 325 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Legal Pluralism and Empires, 1500-1850 by : Lauren Benton

Download or read book Legal Pluralism and Empires, 1500-1850 written by Lauren Benton and published by NYU Press. This book was released on 2013-07-22 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Cambridge University Press
ISBN 13 : 1107376912
Total Pages : 357 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Global Legal Pluralism by : Paul Schiff Berman

Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Handbook of Transnational Law

Author : Peer Zumbansen
Publisher : Oxford University Press
ISBN 13 : 0197547419
Total Pages : 1246 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

American Cultural Pluralism and Law

Author : Jill Norgren
Publisher : Greenwood
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.:/5 (33 download)

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Book Synopsis American Cultural Pluralism and Law by : Jill Norgren

Download or read book American Cultural Pluralism and Law written by Jill Norgren and published by Greenwood. This book was released on 1996 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new and updated edition of Norgren and Nanda's classic text brings their examination of American cultural pluralism and the law up to date through the Clinton administration. While maintaining their emphasis on the concept of cultural diversity as it relates to the law in the United States, new and updated chapters reflect recent relevant court cases bearing on culture, race, gender, and class, with particular attention paid to local and state court opinions. Drawing on court materials, statutes and codes, and legal ethnographies, the text analyzes the ongoing negotiations and accommodations via the mechanism of law between culturally different groups and the larger society. An important text for courses in American government, society and the law, cultural studies, and civil rights.

American Cultural Pluralism and Law

Author : Jill Norgren
Publisher : Greenwood
ISBN 13 : 9780275948580
Total Pages : 0 pages
Book Rating : 4.9/5 (485 download)

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Book Synopsis American Cultural Pluralism and Law by : Jill Norgren

Download or read book American Cultural Pluralism and Law written by Jill Norgren and published by Greenwood. This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new and updated edition of Norgren and Nanda's classic text brings their examination of American cultural pluralism and the law up to date through the Clinton administration. While maintaining their emphasis on the concept of cultural diversity as it relates to the law in the United States, new and updated chapters reflect recent relevant court cases bearing on culture, race, gender, and class, with particular attention paid to local and state court opinions. Drawing on court materials, statutes and codes, and legal ethnographies, the text analyzes the ongoing negotiations and accommodations via the mechanism of law between culturally different groups and the larger society. An important text for courses in American government, society and the law, cultural studies, and civil rights.

Everyday Islamic Law and the Making of Modern South Asia

Author : Elizabeth Lhost
Publisher : UNC Press Books
ISBN 13 : 1469668130
Total Pages : 377 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis Everyday Islamic Law and the Making of Modern South Asia by : Elizabeth Lhost

Download or read book Everyday Islamic Law and the Making of Modern South Asia written by Elizabeth Lhost and published by UNC Press Books. This book was released on 2022-05-10 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.

Journal of Legal Pluralism and Unofficial Law

Author : Melanie G. Wiber
Publisher : LIT Verlag Münster
ISBN 13 : 3643998732
Total Pages : 285 pages
Book Rating : 4.6/5 (439 download)

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Book Synopsis Journal of Legal Pluralism and Unofficial Law by : Melanie G. Wiber

Download or read book Journal of Legal Pluralism and Unofficial Law written by Melanie G. Wiber and published by LIT Verlag Münster. This book was released on 2012-06-06 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue contains papers on international development interventions that offer support to justice and security reforms in so-called "fragile states." Following an introduction by guest editor Helene Maria Kyed, the book includes papers on: justice and security architecture in Africa * reconfiguring state and non-state actors in the provision of safety in (South) Africa - implications for bottom-up policing arrangements and for donor funding * the consequences of ideals-oriented rule of law policy-making in Liberia * the politics of customary law ascertainment in South Sudan * hybrid and 'everyday' political ordering - constructing and contesting legitimacy in Somaliland * spinning a conflict management web in Vanuatu - creating and strengthening links between state and non-state legal institutions * decentralized power and traditional authorities - how power determines access to justice in Sierra Leone * delivering justice - the changing gendered dynamics of land tenure in Botswana. (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 63)

Legal Pluralism in Ethiopia

Author : Susanne Epple
Publisher : transcript Verlag
ISBN 13 : 3839450217
Total Pages : 415 pages
Book Rating : 4.8/5 (394 download)

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Book Synopsis Legal Pluralism in Ethiopia by : Susanne Epple

Download or read book Legal Pluralism in Ethiopia written by Susanne Epple and published by transcript Verlag. This book was released on 2020-07-31 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fictions of Justice

Author : Kamari Maxine Clarke
Publisher :
ISBN 13 : 9780511538520
Total Pages : 322 pages
Book Rating : 4.5/5 (385 download)

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Book Synopsis Fictions of Justice by : Kamari Maxine Clarke

Download or read book Fictions of Justice written by Kamari Maxine Clarke and published by . This book was released on 2009 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.