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Legal Pluralism And The Colonial Legacy
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Book Synopsis Legal pluralism and the colonial legacy, Perceptions of justice, Popular justice and community regeneration by Kayleen Hazlehurst (ed), Gower Publishing [review] by : Bronwyn Fredericks
Download or read book Legal pluralism and the colonial legacy, Perceptions of justice, Popular justice and community regeneration by Kayleen Hazlehurst (ed), Gower Publishing [review] written by Bronwyn Fredericks and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Book reviews of three books edited by Kayleen Hazlehurst in which Australian, Canadian and New Zealand writers, both indigenous and non-indigenous discuss colonisation, trauma, political processes, legal systems, injustices, self- determination, self-management, reconciliation.
Book Synopsis Legal Pluralism and the Colonial Legacy by : Kayleen M. Hazlehurst
Download or read book Legal Pluralism and the Colonial Legacy written by Kayleen M. Hazlehurst and published by Aldershot [England] : Avebury. This book was released on 1995 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collection of essays with contributors from Canada, New Zealand and Australia; examines impact of legal and criminal justice systems on Indigenous peoples; places contemporary events in historical context; significant influences and similarities noted; essays on Australian experience annotated individually.
Book Synopsis Law Reform in Plural Societies by : Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa
Download or read book Law Reform in Plural Societies written by Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa and published by Springer. This book was released on 2017-11-04 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asserts that the Pacific Islands continue to struggle with the colonial legacy of plural legal systems, comprising laws and legal institutions from both the common law and the customary legal system. It also investigates the extent to which customary principles and values are accommodated in legislation. Focusing on Samoa, the author argues that South Pacific countries continue to adopt a Western approach to law reform without considering legal pluralism, which often results in laws which are unsuitable and irrelevant to Samoa. In the context of this system of law making, effective law reform in Samoa can only be achieved where the law reform process recognises the legitimacy of the two primary legal systems. The book goes on to present a law reform process that is more relevant and suitable for law making in the Pacific Islands or any post-colonial societies.
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.
Book Synopsis Legal Pluralism: History, Theory and Consequences by : Trent Dunlap
Download or read book Legal Pluralism: History, Theory and Consequences written by Trent Dunlap and published by Clanrye International. This book was released on 2023-09-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism refers to the existence of multiple legal systems within a single geographic area or social system. Plural legal systems can be observed in countries which used to be colonies in the past wherein the law of a former colonial authority co-exists with an existing traditional or customary legal system. Globalization promotes legal pluralism as it increases the circulation of legal forms and practices from one country to another. Constitutions, codes, and legal institutions are commonly transplanted often with the intention of reform. Globalization also tends to increase legal pluralism by constructing a global legal order. This includes international commercial law which is encouraged by the increasing flow of transnational commercial activities. This book traces the history, theory, and consequences of legal pluralism. It is appropriate for students seeking detailed information in this area as well as for law experts.
Book Synopsis Postcolonial Politics and Personal Laws by : Rina Verma Williams
Download or read book Postcolonial Politics and Personal Laws written by Rina Verma Williams and published by Oxford University Press, USA. This book was released on 2006 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Placing the contemporary discussion on personal laws in India in historical perspective, this important book views the debate as a critical component of Indian democracy. Balancing the imperatives of multiculturalism, national integration, and gender justice, it affirms that there is a complex continuity between the terms of the debate in the postcolonial Indian state and its colonial counterpart.
Book Synopsis Reimagining Legal Pluralism in Africa by :
Download or read book Reimagining Legal Pluralism in Africa written by and published by BRILL. This book was released on 2024-06-06 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.
Book Synopsis African Customary Justice by : Pnina Werbner
Download or read book African Customary Justice written by Pnina Werbner and published by Routledge. This book was released on 2021-12-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an important ethnographic and theoretical advance in legal anthropological scholarship by interrogating customary law, customary courts and legal pluralism in sub-Saharan Africa. It highlights the vitality and continued relevance of customary justice at a time when customary courts have waned or even disappeared in many postcolonial African nations. Taking Botswana as a casestudy from in-depth fieldwork over a fifty-year period, the book shows, the ‘customary’ is robustly enduring, central to settling interpersonal disputes and constitutive of the local as well as the national public ethics. Customary law continues to be constitutionally protected, authorised by the country’s past as an authentic, viable legacy, from the British colonial period of indirect rule to the postcolonial state’s present development as a highly bureaucratised democracy. Along with a theoretical overview of the underlying issues for the anthropology and sociology of law, the book documents customary law as living law in the context of legal pluralism. It takes a legal realist approach and highlights the need to pay close attention to the lived experience of justice and its role in the production of legal subjectivities. The book will be valuable to Africanists but also, more broadly, to social scientists, social historians and socio-legal scholars with interests in law and social change, public ethics and personal morality, and the intersection of politics and judicial decision making.
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.
Book Synopsis Crafting a Republic for the World by : Lina del Castillo
Download or read book Crafting a Republic for the World written by Lina del Castillo and published by U of Nebraska Press. This book was released on 2018-06 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of independence, Spanish American leaders perceived the colonial past as looming over their present. Crafting a Republic for the World examines how the vibrant postcolonial public sphere in Colombia invented narratives of the Spanish “colonial legacy.” Those supposed legacies included a lack of effective geographic knowledge, blockages to a circulatory political economy, existing patterns of land tenure, entrenched inequalities, and ignorance among popular sectors. At times collaboratively, and at times combatively, Colombian leaders tackled these “colonial” legacies to forge a republic in a hostile world of monarchies and empires. The highly partisan, yet uniformly republican public sphere crafted a vision of a virtuous nation that, unlike the United States, had already abolished slavery and included Indians as citizens. By the mid-nineteenth century, as suffrage expanded to all males over twenty-one, Colombian elites nevertheless tinkered with territorial divisions and devised new constitutions to manage the alleged “colonial legacy” affecting the minds of popular voters. The book explores how the struggle to be at the vanguard of radical republican equality fomented innovative contributions to social sciences, including geography, cartography, political ethnography, constitutional science, history, and the calculation of equity through land reform. Paradoxically, these efforts created a kind of legal pluralism reminiscent of the Spanish monarchy during the “colonial” period.
Book Synopsis Colonial Legacies and the Rule of Law in Africa by : Salmon A Shomade
Download or read book Colonial Legacies and the Rule of Law in Africa written by Salmon A Shomade and published by Routledge. This book was released on 2021-12-30 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the continued impact of British colonial legacy on the rule of law in Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The legal system is intended to protect regular citizens, but within the majority of Africa the rule of law remains infused with Eurocentric cultural and linguistic tropes, which can leave its supposed beneficiaries feeling alienated from the structures intended to protect them. This book traces the impact, effect, opportunities, and challenges that the colonial legacy poses for the rule of law across Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The book examines the similarities and differences of the colonial legacy on the current legal landscape of each nation and the intersection with the rule of law. This important comparative study will be of interest to scholars of Political Science, International Studies, Law, African Politics, and British Colonial History.
Author :Marouf Arif Hasian Publisher :Peter Lang Incorporated, International Academic Publishers ISBN 13 :9780820455754 Total Pages :0 pages Book Rating :4.4/5 (557 download)
Book Synopsis Colonial Legacies in Postcolonial Contexts by : Marouf Arif Hasian
Download or read book Colonial Legacies in Postcolonial Contexts written by Marouf Arif Hasian and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a rhetorical analysis of some key legal situations that illustrate some of the problematics of colonial and neocolonial situations. A series of case studies from several continents is used to illustrate how colonial rules and regulations have been «co-produced» by elites and subalterns. This book looks at how both material and symbolic resources have been mobilized at key historical moments to justify the appropriation of land, mineral wealth, labor, and even genetic resources. These key colonial histories continue to influence many of the economic, political, social, and legal relationships that exist between «developed» and «underdeveloped» countries.
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"--
Book Synopsis Colonialism and Its Legacies by : Jacob T. Levy
Download or read book Colonialism and Its Legacies written by Jacob T. Levy and published by Lexington Books. This book was released on 2011-05-31 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Colonialism and Its Legacy brings together essays by leading scholars in both the fields of political theory and the history of political thought about European colonialism and its legacies, and postcolonial social and political theory. The essays explore the ways in which European colonial projects structured and shaped much of modern political theory, how concepts from political philosophy affected and were realized in colonial and imperial practice, and how we can understand the intellectual and social world left behind by a half-millennium of European empires. The volume ranges from the beginning of modernity to the present day, examining colonialism and colonial legacies in India, Africa, Latin America, and North America.
Book Synopsis Law, Culture, and Community at the Borders of the State by : Margaret O'Brien
Download or read book Law, Culture, and Community at the Borders of the State written by Margaret O'Brien and published by . This book was released on 2019 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis explores the conditions under which the immediate and local narratives of communities might produce a culture of resistance. Focussing primarily on research with the Chakma people of Chittagong Hill Tracts (CHT), it recounts the complex role of legal pluralism in sustaining communities as political units in the postcolonial state, exploring how law's framing narratives produce different iterations of communitarian legal practice ostensibly within the same postcolonial legal form. This exploration uses a conceptual frame of 'critical communitarianism', which draws specific attention to the parallels between political identity and legal culture, and community and legal mobilisation within a legally plural setting. Using legal culture and mobilisation as analytical tools, this thesis unpacks the relationship between law, power and resistance in a context where community and state are inherently unstable. In the post-conflict CHT, it appears that the processes of colonisation and de-colonisation have caused the boundaries and ideations of community to be highly mutable and contested, yet these very instabilities appear to diffuse power more equally across the community, and subvert the colonial legacy of feudal hierarchies. To further illustrate this hypothesis, the brief contrast drawn between the CHT and an Indian Chakma community demonstrates how a rigid system of constitutional recognition under the Sixth Schedule of the Indian Constitution has an ossifying effect on communitarian law; recognition reinforces an elderly and conservative customary elite and ultimately pushes communitarian legal practice to the margins of community. The thesis concludes that conditions of crisis appear to diffuse power across communities, causing dynamic and resistant interpretations of law and culture to emerge from within non-state communities.
Book Synopsis Colonial Legacies and the Rule of Law in Africa by : Salmon A. Shomade
Download or read book Colonial Legacies and the Rule of Law in Africa written by Salmon A. Shomade and published by Routledge. This book was released on 2021-12-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book focuses on the continued impact of the colonial legacy on the rule of law in Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The legal system is intended to protect regular citizens, but within Africa the rule of law remains infused with Eurocentric cultural and linguistic tropes which can leave its supposed beneficiaries feeling alienated from the structures intended to protect them. This book traces the impact, effect, opportunities, and challenges that the colonial legacy poses for the Rule of Law across Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The book examines the similarities and differences in the impact of the British colonial legacy on the current legal landscape of each nation and the intersection with the Rule of Law. This important comparative study will be of interest to scholars of Political Science, International Studies, Law, African Politics, and British Colonial History"--
Book Synopsis A History of Law in Canada, Volume One by : Philip Girard
Download or read book A History of Law in Canada, Volume One written by Philip Girard and published by University of Toronto Press. This book was released on 2018-12-21 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
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