Dialogues On Human Rights And Legal Pluralism

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Dialogues on Human Rights and Legal Pluralism

Author : René Provost
Publisher : Springer Science & Business Media
ISBN 13 : 9400747101
Total Pages : 293 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Dialogues on Human Rights and Legal Pluralism by : René Provost

Download or read book Dialogues on Human Rights and Legal Pluralism written by René Provost and published by Springer Science & Business Media. This book was released on 2012-08-10 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.

Dialogues on Human Rights and Legal Pluralism

Author : René Provost
Publisher :
ISBN 13 : 9789400747111
Total Pages : 304 pages
Book Rating : 4.7/5 (471 download)

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Book Synopsis Dialogues on Human Rights and Legal Pluralism by : René Provost

Download or read book Dialogues on Human Rights and Legal Pluralism written by René Provost and published by . This book was released on 2012 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights' focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions

Human Rights Encounter Legal Pluralism

Author : Giselle Corradi
Publisher : Bloomsbury Publishing
ISBN 13 : 1849467722
Total Pages : 272 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis Human Rights Encounter Legal Pluralism by : Giselle Corradi

Download or read book Human Rights Encounter Legal Pluralism written by Giselle Corradi and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

Human Rights and Legal Pluralism

Author : Yüksel Sezgin
Publisher : LIT Verlag Münster
ISBN 13 : 3643999054
Total Pages : 203 pages
Book Rating : 4.6/5 (439 download)

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Book Synopsis Human Rights and Legal Pluralism by : Yüksel Sezgin

Download or read book Human Rights and Legal Pluralism written by Yüksel Sezgin and published by LIT Verlag Münster. This book was released on 2011 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Human Rights and Legal Pluralism' opens with an article on how to integrate human rights into customary and religious legal systems generally before looking at a 'tribal' women's forum in South Rajastan, customary justice in Sierra Leone, indigenous justice systems in Latin America and deep legal pluralism in South Africa.

Research Methods for International Human Rights Law

Author : Damian Gonzalez-Salzberg
Publisher : Routledge
ISBN 13 : 0429889364
Total Pages : 275 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Research Methods for International Human Rights Law by : Damian Gonzalez-Salzberg

Download or read book Research Methods for International Human Rights Law written by Damian Gonzalez-Salzberg and published by Routledge. This book was released on 2019-06-13 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

Beyond Constitutionalism

Author : Nico Krisch
Publisher : Oxford University Press, USA
ISBN 13 : 0199228310
Total Pages : 383 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Beyond Constitutionalism by : Nico Krisch

Download or read book Beyond Constitutionalism written by Nico Krisch and published by Oxford University Press, USA. This book was released on 2010-10-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

State Law, Dispute Processing And Legal Pluralism

Author : Kalindi Kokal
Publisher : Routledge
ISBN 13 : 9780367726829
Total Pages : 200 pages
Book Rating : 4.7/5 (268 download)

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Book Synopsis State Law, Dispute Processing And Legal Pluralism by : Kalindi Kokal

Download or read book State Law, Dispute Processing And Legal Pluralism written by Kalindi Kokal and published by Routledge. This book was released on 2021-03-31 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen's community belonging to the caste of Hindu Machimār Koḷīs in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotiā, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.

Popular Culture and Legal Pluralism

Author : Wendy A Adams
Publisher : Routledge
ISBN 13 : 1317078276
Total Pages : 240 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Popular Culture and Legal Pluralism by : Wendy A Adams

Download or read book Popular Culture and Legal Pluralism written by Wendy A Adams and published by Routledge. This book was released on 2016-06-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.

Child Marriage, Rights and Choice

Author : Hoko Horii
Publisher : Routledge
ISBN 13 : 1000469085
Total Pages : 135 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Child Marriage, Rights and Choice by : Hoko Horii

Download or read book Child Marriage, Rights and Choice written by Hoko Horii and published by Routledge. This book was released on 2021-11-18 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the issue of agency in relation to child marriage. In international campaigns against child marriage, there is a puzzle of agency: While international human rights institutions celebrate girls’ exercise of their agency not to marry, they do not recognize their agency to marry. Child marriage, usually defined as ‘any formal marriage or informal union where one or both of the parties are under 18 years of age’, is normally considered as forced – which is to say that it is assumed that are not capable of consenting to marriage. This book, however, re-examines this assumption, through a detailed socio-legal examination of child marriage in Indonesia. Eliciting the multiple competing frameworks according to which child marriage takes place, the book considers the complex reasons why children marry. Structural explanations such as lack of opportunities and oppressive social structures are important, but not exhaustive, explanations. Exploring the subjective reasons by listening to children’s perspectives, their stories show that many of them decide to marry for love, desire, to belong to the community, and for new opportunities and hopes. The book, then, demonstrates how the child marriage framework – and, indeed, the human rights framework in general – is constructed on too narrow a vision of human agency: One that cannot but fail to respect and promote the agency of all, regardless of gender, race, religion, and age. This book will be of interest to scholars, students, and practitioners in the areas of children’s rights, legal anthropology, and socio-legal studies.

Human Rights in Translation

Author : Michal Jan Rozbicki
Publisher : Lexington Books
ISBN 13 : 1498581420
Total Pages : 253 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Human Rights in Translation by : Michal Jan Rozbicki

Download or read book Human Rights in Translation written by Michal Jan Rozbicki and published by Lexington Books. This book was released on 2018-10-26 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume reflects on what happens when the idea and practice of universal human rights cross the cultural borders between different communities of knowledge. Although such rights are usually presumed to be founded on certain globally shared beliefs, the norms and values of many cultures are often incommensurable with these "universal" principles, and hence the need to translate and “vernacularize” them. Any law that would successfully institutionalize them must frame human rights in a way that defers to the historically constituted cultural capital of the society in which it is to function. The essays in this book seek to illuminate different cognitive contexts that produce different meanings of rights, identify spaces of intercultural crossings where differences can coexist, and offer usable narratives and metaphors that could help mediate between distinct cultures. They show that the path forward does not lead through a unified theory of human rights that can be applied globally, nor through mere repackaging of rights in a more understandable language. What is needed is a deep understanding of the process of intercultural dialogue, the cultural "grammar" involved in relationships of difference.

Children of the Crisis

Author : Annika Lems
Publisher : Routledge
ISBN 13 : 1000460827
Total Pages : 177 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Children of the Crisis by : Annika Lems

Download or read book Children of the Crisis written by Annika Lems and published by Routledge. This book was released on 2021-09-30 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, thousands of young people on the run from war and persecution, or escaping poverty and chronic instability, make their way to Europe without their parents. Embarking on long and often dangerous journeys, they have either become separated from their families on the way or set out on their own. In recent years, the number of unaccompanied minors arriving in Europe has risen drastically. It has led to a major shift in perception in European countries, initiating a wealth of policies and infrastructures targeted specifically at unaccompanied child refugees. This book investigates the emergence of the unaccompanied child refugee as a ‘crisis figure’. It shows how the sense of exceptionality attached to this figure translates into ambiguous and at times extremely contradictory social practices that have far-reaching effects on the lives of refugee youth. By bringing together ethnographically driven research on unaccompanied minors in some of the core arrival and transit countries in or into Europe, it shows the divergent ways ideas on childhood, deservingness and vulnerability are interpreted, lived, and grappled with on the ground. By laying the focus on young people’s own experiences and perspectives, it establishes a deeper understanding of the ways unaccompanied asylum seekers live and make sense of shifting social terrains. The chapters in this book were originally published as a special issue of the Journal of Ethnic and Migration Studies.

When Environmental Protection and Human Rights Collide

Author : Marie-Catherine Petersmann
Publisher : Cambridge University Press
ISBN 13 : 1009027980
Total Pages : 317 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis When Environmental Protection and Human Rights Collide by : Marie-Catherine Petersmann

Download or read book When Environmental Protection and Human Rights Collide written by Marie-Catherine Petersmann and published by Cambridge University Press. This book was released on 2022-10-27 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.

Reframing the Intercultural Dialogue on Human Rights

Author : Jeffrey Flynn
Publisher : Routledge
ISBN 13 : 1134522223
Total Pages : 275 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis Reframing the Intercultural Dialogue on Human Rights by : Jeffrey Flynn

Download or read book Reframing the Intercultural Dialogue on Human Rights written by Jeffrey Flynn and published by Routledge. This book was released on 2013-11-26 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Flynn stresses the vital role of intercultural dialogue in developing a non-ethnocentric conception of human rights. He argues that Jürgen Habermas’s discourse theory provides both the best framework for such dialogue and a much-needed middle path between philosophical approaches that derive human rights from a single foundational source and those that support multiple foundations for human rights (Charles Taylor, John Rawls, and various Rawlsians). By analyzing the historical and political context for debates over the compatibility of human rights with Christianity, Islam, and "Asian Values," Flynn develops a philosophical approach that is continuous with and a critical reflection on the intercultural dialogue on human rights. He reframes the dialogue by situating it in relation to the globalization of modern institutions and by arguing that such dialogue must address issues like the legacy of colonialism and global inequality while also being attuned to actual political struggles for human rights.

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"--

Normative Plurality in International Law

Author : Carlos Iván Fuentes
Publisher : Springer
ISBN 13 : 3319439294
Total Pages : 240 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Normative Plurality in International Law by : Carlos Iván Fuentes

Download or read book Normative Plurality in International Law written by Carlos Iván Fuentes and published by Springer. This book was released on 2016-09-02 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

Advanced Introduction to International Human Rights Law

Author : Dinah L. Shelton
Publisher : Edward Elgar Publishing
ISBN 13 : 1839103191
Total Pages : 386 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Advanced Introduction to International Human Rights Law by : Dinah L. Shelton

Download or read book Advanced Introduction to International Human Rights Law written by Dinah L. Shelton and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, Dinah Shelton’s pioneering book provides a uniquely accessible introduction to the history and the latest developments in international human rights law. Exploring the origins, customs and institutions that have emerged globally and regionally in the last two centuries, this incisive book guides readers through the major treaties and declarations that form the foundations of the discipline today.

Mapping the Legal Boundaries of Belonging

Author : René Provost
Publisher : Religion and Global Politics
ISBN 13 : 0199383014
Total Pages : 339 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Mapping the Legal Boundaries of Belonging by : René Provost

Download or read book Mapping the Legal Boundaries of Belonging written by René Provost and published by Religion and Global Politics. This book was released on 2014 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provost argues that the intersection between religion, nationalism, and other vectors of difference in both Canada and Israel offers a revealing laboratory in which to examine multiculturalism in particular and the governance of diversity in general. For several decades, 'culture' played a central role in challenging the liberal tradition. More recently, religion seems to have re-emerged as the new central challenge facing Western liberal societies' conception of multiculturalism.