When Legal Worlds Overlap

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When Legal Worlds Overlap

Author : International Council on Human Rights Policy
Publisher :
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis When Legal Worlds Overlap by : International Council on Human Rights Policy

Download or read book When Legal Worlds Overlap written by International Council on Human Rights Policy and published by . This book was released on 2009 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4e de couv.: This report highlights human rights impacts and dilemmas associated with plural state and non-state laws, such as family laws based on religion, customary justice practices and Alternative Dispute Resolution mechanisms. Drawing on examples of such plural legal orders from around the world, it proposes principles and a framework to guide human rights practitioners and policy-makers. The report also identifies challenges related to incorporation of non-state law in state law, recognition of cultural differences in law, and justice sector reform. Emphasising the contested nature of culture, especially when dealing with gender equality, religious freedom and indigenous peoples' rights, it calls for evidence-based assessments of plural legal orders that give special attention to people on the margins of state and non-state law, and equality between and within communities.

The Oxford Handbook of Global Legal Pluralism

Author : Paul Schiff Berman
Publisher :
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 . This book was released on 2020 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"--

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.

Designing Indicators for a Plural Legal World

Author : Siddharth Peter de Souza
Publisher : Cambridge University Press
ISBN 13 : 1316514897
Total Pages : 288 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Designing Indicators for a Plural Legal World by : Siddharth Peter de Souza

Download or read book Designing Indicators for a Plural Legal World written by Siddharth Peter de Souza and published by Cambridge University Press. This book was released on 2022-09-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: It pluralises the conversation around legal indicators by considering the diversity of law and legal institutions in the Global South.

Overlapping Intellectual Property Rights

Author : Neil Wilkof
Publisher : OUP Oxford
ISBN 13 : 0191642894
Total Pages : 2706 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Overlapping Intellectual Property Rights by : Neil Wilkof

Download or read book Overlapping Intellectual Property Rights written by Neil Wilkof and published by OUP Oxford. This book was released on 2012-08-30 with total page 2706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.

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.

Negotiating State and Non-State Law

Author : Michael A. Helfand
Publisher : Cambridge University Press
ISBN 13 : 1107083761
Total Pages : 363 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Negotiating State and Non-State Law by : Michael A. Helfand

Download or read book Negotiating State and Non-State Law written by Michael A. Helfand and published by Cambridge University Press. This book was released on 2015-07-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

Human Rights Encounter Legal Pluralism

Author : Giselle Corradi
Publisher : Bloomsbury Publishing
ISBN 13 : 1849467722
Total Pages : 267 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 267 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.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654590
Total Pages : 1233 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Gender Justice and Legal Pluralities

Author : Rachel Sieder
Publisher : Routledge
ISBN 13 : 1136191569
Total Pages : 260 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis Gender Justice and Legal Pluralities by : Rachel Sieder

Download or read book Gender Justice and Legal Pluralities written by Rachel Sieder and published by Routledge. This book was released on 2013-06-17 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.

Human Rights, State Sovereignty and Medical Ethics

Author : Claude Cahn
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004280340
Total Pages : 317 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Human Rights, State Sovereignty and Medical Ethics by : Claude Cahn

Download or read book Human Rights, State Sovereignty and Medical Ethics written by Claude Cahn and published by Martinus Nijhoff Publishers. This book was released on 2014-10-16 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights, State Sovereignty and Medical Ethics: Examining Struggles Around Coercive Sterilisation of Romani Women examines the mobilized use by people and groups of the international human rights law framework to move legal, policy and ultimately social change at national and local level. One particular case study is examined in detail: efforts by Romani women in the Czech Republic and Slovakia to secure legal remedy for coercive sterilization. International legal aspects of these cases are examined in detail. The book concludes by endeavouring to answer questions concerning the nature of international law and the evolution of the post-World War II international human rights framework, the structure of national sovereignty, and the potential impact of both on human autonomy.

The Journal of Legal Pluralism and Unofficial Law 65/2012

Author : M. G. Wiber
Publisher : LIT Verlag Münster
ISBN 13 : 3643998651
Total Pages : 223 pages
Book Rating : 4.6/5 (439 download)

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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)

Strengthening the Human Right to Sanitation as an Instrument for Inclusive Development

Author : Pedi Obani
Publisher : CRC Press
ISBN 13 : 042986597X
Total Pages : 381 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Strengthening the Human Right to Sanitation as an Instrument for Inclusive Development by : Pedi Obani

Download or read book Strengthening the Human Right to Sanitation as an Instrument for Inclusive Development written by Pedi Obani and published by CRC Press. This book was released on 2018-05-03 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over a third of the current 7.3 billion people worldwide are burdened with poor sanitation services. The resulting social, relational and ecological exclusion make the realisation of the human right to sanitation (HRS) a critical concern development concern. However, the literature has evolved in a largely compartmentalised manner, focusing on the formal recognition of the HRS in domestic legal systems, without sufficiently addressing the drivers of poor sanitation services. This research expounds on the impact of the HRS on human wellbeing and the environment within the context of a developing country like Nigeria as a case study. The findings show that contrary to the focus in the literature, the drivers of poor sanitation services are not confined to legal factors, such as the formal recognition of the HRS within domestic legal systems. Rather, the drivers include social, economic and environmental limitations to improved sanitation services. Based on the findings, the book argues that the focus in the literature on the formal recognition of the HRS in national legal systems is insufficient for tackling the main drivers of poor sanitation services. It is therefore necessary to reformulate the HRS discourse using complementary governance instruments that advance social, relational and ecological inclusion.

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.

Promoting the Rule of Law in Post-Conflict States

Author : Laura Grenfell
Publisher : Cambridge University Press
ISBN 13 : 1107026199
Total Pages : 331 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Promoting the Rule of Law in Post-Conflict States by : Laura Grenfell

Download or read book Promoting the Rule of Law in Post-Conflict States written by Laura Grenfell and published by Cambridge University Press. This book was released on 2013-07-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.

Religion, Law, Politics and the State in Africa

Author : Seth Tweneboah
Publisher : Routledge
ISBN 13 : 1000706737
Total Pages : 320 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Religion, Law, Politics and the State in Africa by : Seth Tweneboah

Download or read book Religion, Law, Politics and the State in Africa written by Seth Tweneboah and published by Routledge. This book was released on 2019-09-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary Ghana, a professedly secular State characterised by high levels of religiosity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana’s secularity and also serve as an integral tool for realising the State’s legal ideals and meeting international human rights standards. Using three case studies – legal tensions, child witchcraft accusations and same-sex partnerships – the study illustrates the ways that the entangled and complicated connections between religion and law compound Ghana’s secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain. This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.

A Global History of Sexuality

Author : Robert M. Buffington
Publisher : John Wiley & Sons
ISBN 13 : 1118525884
Total Pages : 306 pages
Book Rating : 4.1/5 (185 download)

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Book Synopsis A Global History of Sexuality by : Robert M. Buffington

Download or read book A Global History of Sexuality written by Robert M. Buffington and published by John Wiley & Sons. This book was released on 2013-12-02 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Global History of Sexuality provides a provocative, wide-ranging introduction to the history of sexuality from the late eighteenth century to the present day. Explores what sexuality has meant in the everyday lives of individuals over the last 200 years Organized around four major themes: the formation of sexual identity, the regulation of sexuality by societal norms, the regulation of sexuality by institutions, and the intersection of sexuality with globalization Examines the topic from a comparative, global perspective, with well-chosen case studies to illuminate the broader themes Includes interdisciplinary contributions from prominent historians, sociologists, anthropologists, and sexuality studies scholars Introduces important theoretical concepts in a clear, accessible way