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The Journal Of Legal Pluralism And Unofficial Law 65 2012
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Book Synopsis The Journal of Legal Pluralism and Unofficial Law 65/2012 by : M. G. Wiber
Download or read book The Journal of Legal Pluralism and Unofficial Law 65/2012 written by M. G. Wiber and published by LIT Verlag Münster. This book was released on 2012-10-30 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume includes the following contributions: All Law Is Plural: Legal Pluralism and the Distinctiveness of Law * Plural Legal Orders of Land Use * Could Singapore's Legal Pluralism Work in Australia? * Substantive Equality and Maternal Mortality in Nigeria * An Institutional Perspective on Courts of Law in Colonial and Postcolonial Settings * Comparative Law at the Intersection of Religious and Secular Orders (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 65)
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 The Journal of Legal Pluralism and Unofficial Law 64/2011 by :
Download or read book The Journal of Legal Pluralism and Unofficial Law 64/2011 written by and published by LIT Verlag Münster. This book was released on with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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. This book was released on 2020-06-01 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Book Synopsis People's Law and state law by : Antony Allott
Download or read book People's Law and state law written by Antony Allott and published by Walter de Gruyter. This book was released on 2011-05-02 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: People's Law and State Law: The Bellagio Papers.
Book Synopsis Legal Pluralism in Muslim Contexts by : Norbert Oberauer
Download or read book Legal Pluralism in Muslim Contexts written by Norbert Oberauer and published by BRILL. This book was released on 2019-05-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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"--
Download or read book Muslim Integration written by Erich Kolig and published by Lexington Books. This book was released on 2016-10-24 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Muslim Integration: Pluralism and Multiculturalism in New Zealand and Australia, contributors from a range of backgrounds investigate the state of Muslim integration in New Zealand and Australia. The growing presence of a Muslim minority has invited these two Pacific settler states to closely consider the question of Muslim integration into Western society. This collection discusses the future of religio-cultural pluralism, multicultural policies, and the growing demands for greater emphasis on assimilation. Contributors examine issues such as parallel societies, Islamophobia, radicalization, tolerance, adaptation and mutual adjustment, legal pluralism, the role of mosque architecture, and media depictions of Muslims are examined. Recommended for scholars of anthropology, religious studies, sociology, and political science.
Book Synopsis The Indigenous Paradox by : Jonas Bens
Download or read book The Indigenous Paradox written by Jonas Bens and published by University of Pennsylvania Press. This book was released on 2020-07-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation into how indigenous rights are conceived in legal language and doctrine In the twenty-first century, it is politically and legally commonplace that indigenous communities go to court to assert their rights against the postcolonial nation-state in which they reside. But upon closer examination, this constellation is far from straightforward. Indigenous communities make their claims as independent entities, governed by their own laws. And yet, they bring a case before the court of another sovereign, subjecting themselves to its foreign rule of law. According to Jonas Bens, when native communities enter into legal relationships with postcolonial nation-states, they "become indigenous." Indigenous communities define themselves as separated from the settler nation-state and insist that their rights originate from within their own system of laws. At the same time, indigenous communities must argue that they are incorporated in the settler nation-state to be able to use its judiciary to enforce these rights. As such, they are simultaneously included into and excluded from the state. Tracing how the indigenous paradox is inscribed into the law by investigating several indigenous rights cases in the Americas, from the early nineteenth century to the early twenty-first, Bens illustrates how indigenous communities have managed—and continue to manage—to navigate this paradox by developing lines of legal reasoning that mobilize the concepts of sovereignty and culture. Bens argues that understanding indigeneity as a paradoxical formation sheds light on pressing questions concerning the role of legal pluralism and shared sovereignty in contemporary multicultural societies.
Book Synopsis The Oxford Handbook of Law and Anthropology by : Marie-Claire Foblets
Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
Book Synopsis The Rule of Law by : Christopher May
Download or read book The Rule of Law written by Christopher May and published by Edward Elgar Publishing. This book was released on 2014-05-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: By building on and extending debates in socio-legal studies about the social role of law, and dealing with issues largely absent from international political economy this book will be of great interest to socio _ legal scholars and political economist&
Book Synopsis The Moroccan Argan Trade by : Daniel F. Robinson
Download or read book The Moroccan Argan Trade written by Daniel F. Robinson and published by Routledge. This book was released on 2020-03-19 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides one of the most detailed and comprehensive examinations of the Moroccan argan tree, the products derived from it and its cultural significance. The Moroccan argan trade is booming, but as the tree provides important ecological functions and plays an important role, both financially and culturally, for the Amazigh (Berber) people it has become a key topic of debate. This book thoroughly examines the production stories, benefits and impacts and provides a value-chain analysis which compares different cooperatives and approaches to production. It assesses the fair-trade approaches and attempts at sustainable production of the bio-trade resource. While being a vital source of income, the argan tree has a significant cultural importance to the Indigenous people and the book assesses the impact of the argan trade on their well-being, community and livelihoods. It examines Indigenous knowledge and intellectual property issues relating to the trade, as well as Berber-state law and politics. Assessing factors relating to legal and economic geography international trade, socio-cultural and human-nature relationships, the book provides a comprehensive analysis of the argan tree which will appeal to students, scholars and practitioners.
Book Synopsis Sociological Approaches to Theories of Law by : Brian Z. Tamanaha
Download or read book Sociological Approaches to Theories of Law written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2022-06-23 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sociological Approaches to Theories of Law applies empirical insights to examine theories of law proffered by analytical jurisprudents. The topics covered include artifact legal theory, law as a social construction, idealized accounts of the function of law, the dis-embeddeness of legal systems, the purported guidance function of law, the false social efficacy thesis, missteps in the quest to answer 'What is law?', and the relationship between empiricism and analytical jurisprudence. The analysis shows that on a number of central issues analytical jurisprudents assert positions inconsistent with the social reality of law. Woven throughout the text, the author presents a theoretically and empirically informed account of law as a social institution. The overarching theme is that philosophical claims about the nature of law can be tested and improved through greater empirical input.
Book Synopsis Transformative Constitutionalism in Latin America by : Armin von Bogdandy
Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-07-21 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Book Synopsis Pluralism in International Criminal Law by : Elies van Sliedregt
Download or read book Pluralism in International Criminal Law written by Elies van Sliedregt and published by OUP Oxford. This book was released on 2014-10-02 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
Book Synopsis Diversity in Decline? by : Arjun Tremblay
Download or read book Diversity in Decline? written by Arjun Tremblay and published by Springer. This book was released on 2018-12-28 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Arjun Tremblay considers the future of multiculturalism, contextualised within an ideological and political shift to the right. Is there any hope that multiculturalism will survive alongside the rise of the political right across democracies? How can policy makers continue to recognize and to accommodate minorities in an increasingly inhospitable ideological environment? Based on evidence from three case studies, Tremblay develops a hypothesis of multicultural outcomes, arguing that while the threat to multiculturalism is real, there still is hope, and that not only is the fate of minority rights in liberal democracies far from sealed, but it may still be possible to further protect the rights of immigrant and other minority groups in years to come. In order to do this, proponents of diversity politics may need to reconceptualise multiculturalism and other minority rights along instrumental lines as a means to fulfil policy objectives above and beyond the recognition and accommodation of immigrant minorities. This will be an important read for scholars interested in minority rights, multiculturalism, diversity politics, comparative politics, institutionalism, right-wing and far-right studies, and public policy.
Book Synopsis Legal Pluralism in Indonesia by : Ratno Lukito
Download or read book Legal Pluralism in Indonesia written by Ratno Lukito and published by Routledge. This book was released on 2012-08-06 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and ‘conflictual’ domains of legal pluralism in Indonesia, the book discusses the understanding of the state’s attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state’s strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.
