Essai Sur Le Pluralisme Juridique

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The Unbounded Level of the Mind

Author : Richard Janda
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773583424
Total Pages : 359 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis The Unbounded Level of the Mind by : Richard Janda

Download or read book The Unbounded Level of the Mind written by Richard Janda and published by McGill-Queen's Press - MQUP. This book was released on 2015-05-01 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roderick A. Macdonald (1948-2014), internationally renowned for his expertise on access to justice, legal pluralism, and the philosophy of law, was first and foremost a teacher and mentor. He believed in the law as a promise our society makes to itself, and passionately imparted this message to students who went on to become lawyers, judges, and academics. Throughout his career, including participation in several government commissions and tenures as dean of law at McGill University and president of the Law Commission of Canada, he strove to promote ideas that have become woven into our contemporary understanding of unity, reconciliation, accommodation, and social justice. The Unbounded Level of the Mind brings together the fascinating essays developed from presentations made at a symposium, held in February 2014 at McGill’s Faculty of Law, in honour of Rod Macdonald. Eminent legal scholars from Canada and beyond explore various aspects of Macdonald’s rich scholarship, reflecting on the influence this has had on their own work and its implications for the future. Organized around six cross-cutting themes – kaleidoscopic federalism, producing fairness, pluralizing the subject, the priority of distributive justice, contextualizing governance, and pursuing virtue – this volume is both a tribute to Macdonald’s dedication to the law and a call to challenge all assumptions in the quest to better our society.

Les pluralismes juridiques

Author :
Publisher : KARTHALA Editions
ISBN 13 : 2845864795
Total Pages : 242 pages
Book Rating : 4.8/5 (458 download)

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Book Synopsis Les pluralismes juridiques by :

Download or read book Les pluralismes juridiques written by and published by KARTHALA Editions. This book was released on 2004 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Pluralism in the Arab World

Author : Badouin Dupret
Publisher : BRILL
ISBN 13 : 9004416625
Total Pages : 304 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Legal Pluralism in the Arab World by : Badouin Dupret

Download or read book Legal Pluralism in the Arab World written by Badouin Dupret and published by BRILL. This book was released on 2023-03-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions. The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries. The work's unique features include * a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism; * a broad range of case studies, demonstrating the diversity in formulations of the theory; and * a wide variety of approaches to the subject matter. Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.

Legal Pluralism in the Holy City

Author : Ido Shahar
Publisher : Routledge
ISBN 13 : 1317106121
Total Pages : 240 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Legal Pluralism in the Holy City by : Ido Shahar

Download or read book Legal Pluralism in the Holy City written by Ido Shahar and published by Routledge. This book was released on 2016-03-09 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population. Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions. The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.

Rules of Law and Laws of Ruling

Author : Franz von Benda-Beckmann
Publisher : Routledge
ISBN 13 : 1317060946
Total Pages : 302 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Rules of Law and Laws of Ruling by : Franz von Benda-Beckmann

Download or read book Rules of Law and Laws of Ruling written by Franz von Benda-Beckmann and published by Routledge. This book was released on 2016-04-08 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

Conflict, Negotiations and Natural Resource Management

Author : Maarten Bavinck
Publisher : Routledge
ISBN 13 : 1135048991
Total Pages : 215 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Conflict, Negotiations and Natural Resource Management by : Maarten Bavinck

Download or read book Conflict, Negotiations and Natural Resource Management written by Maarten Bavinck and published by Routledge. This book was released on 2014-10-17 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts over natural resources abound in India, where much of the population is dependent on these resources for their livelihoods. Issues of governance and management are complicated by the competing claims of parallel legal systems, including state, customary, religious, project and local laws. Whereas much has been written about property rights, this unique collection takes a legal anthropological perspective to explore how the coexistence and interaction between multiple legal orders provide bases for claiming property rights. It examines how hybrid legal institutions have developed over time in India and how these impact on justice in the governance and distribution of natural resources. The book brings together original case studies that offer fresh perspectives on the governance of forests, water, fisheries and agricultural land in a diverse range of social and spatial contexts. This brand new research provides a timely and persuasive overview of the fundamental role of parallel legal systems in shaping how people manage natural resources. It will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.

Dynamics of Plural Legal Orders

Author : Franz von Benda-Beckmann
Publisher : LIT Verlag Münster
ISBN 13 : 9783825898984
Total Pages : 298 pages
Book Rating : 4.8/5 (989 download)

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Book Synopsis Dynamics of Plural Legal Orders by : Franz von Benda-Beckmann

Download or read book Dynamics of Plural Legal Orders written by Franz von Benda-Beckmann and published by LIT Verlag Münster. This book was released on 2006 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines dynamics of legal pluralism and explores the varied ways in which constellations of legal pluralism play out in social life. It aims to bridge the social and theoretical space between small scale case studies and abstract generalization. The introduction provides an overview of developments in the field of legal pluralism and offers an analytical perspective on the dynamics of the maintenance of and change in constellations of legal pluralism. Contributions examine situations in which the state is seen as remote from local settings and others in which local populations are actively engaged in widening the scope and validity of state law. By focusing on historical developments and the fault lines of rapid political change in both post-socialist and post-authoritarian states, the volume shows that legal legacies of the past continue to have an impact. Authors look at the social significance of the various, and sometimes competing, types of law which religious and secular transnational actors introduce into local settings. Franz and Keebet Benda-Beckmann are both Head of Project Group for the Project Group Legal Pluralism at the Max Planck Institute for Social Anthropology, Halle (Germany).

Political and Legal Transformations of an Indonesian Polity

Author : Franz von Benda-Beckmann
Publisher : Cambridge University Press
ISBN 13 : 1107038596
Total Pages : 529 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Political and Legal Transformations of an Indonesian Polity by : Franz von Benda-Beckmann

Download or read book Political and Legal Transformations of an Indonesian Polity written by Franz von Benda-Beckmann and published by Cambridge University Press. This book was released on 2013-08-15 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationships between matrilineal, Islamic and state law, and investigates the dynamics of legal pluralism, governance and property relationships.

Eugen Ehrlich's Sociology of Law

Author : Knut Papendorf
Publisher : LIT Verlag Münster
ISBN 13 : 3643904940
Total Pages : 266 pages
Book Rating : 4.6/5 (439 download)

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Book Synopsis Eugen Ehrlich's Sociology of Law by : Knut Papendorf

Download or read book Eugen Ehrlich's Sociology of Law written by Knut Papendorf and published by LIT Verlag Münster. This book was released on 2014 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work of Eugen Ehrlich (1862-1922) is directly relevant for an understanding of law in society and of the role of sociology of law. Today, it is possible to see behind the smokescreen of historical debates and to assess Ehrlich's key ideas in the light of today's problems. The coexistence of state and local law still challenges lawyers and decision-makers. Ehrlich suggests sociology of law as an instrument to address social and legal problems that supplements standard legal methodology. The articles in this book place Eugen Ehrlich in the context of his times, outline the international reception of Ã?Â?his work, and show the relevance of his thoughts for contemporary issues. (Series: Society and Law / Gesellschaft und Recht - Vol. 8) [Subject: Socio-Legal Studies, Legal History]

Law and Anthropology

Author : René Kuppe
Publisher : BRILL
ISBN 13 : 9004639209
Total Pages : 337 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Law and Anthropology by : René Kuppe

Download or read book Law and Anthropology written by René Kuppe and published by BRILL. This book was released on 2023-12-14 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Sovereignty, Legitimacy, and Power in West African Societies

Author : Emile Adriaan Benvenuto van Rouveroy van Nieuwaal
Publisher : LIT Verlag Münster
ISBN 13 : 9783825835491
Total Pages : 260 pages
Book Rating : 4.8/5 (354 download)

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Book Synopsis Sovereignty, Legitimacy, and Power in West African Societies by : Emile Adriaan Benvenuto van Rouveroy van Nieuwaal

Download or read book Sovereignty, Legitimacy, and Power in West African Societies written by Emile Adriaan Benvenuto van Rouveroy van Nieuwaal and published by LIT Verlag Münster. This book was released on 1998 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and the New Logics

Author : H. Patrick Glenn
Publisher : Cambridge University Press
ISBN 13 : 1316839486
Total Pages : 301 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Law and the New Logics by : H. Patrick Glenn

Download or read book Law and the New Logics written by H. Patrick Glenn and published by Cambridge University Press. This book was released on 2017-01-26 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is unique in presenting an interdisciplinary conversation between jurists and logicians. It brings together scholars from both law and philosophy, and looks at the application of 'the new logics' to law and legal ordering, in a number of legal systems. The first Part explores the ways in which the new logics shed light on the functioning of legal orders, including the structure of legal argumentation and the rules of evidence. The second addresses how non-classical logics can help us to understand the interactions between multiple legal orders, in a range of contexts including domestic and international law. The final Part examines particular issues in the applicability of non-classical logics to legal reasoning. This book will be of interest to jurisprudence and logic scholars and students who want to deepen their understanding of relationships between law and legal reasoning, and learn about recent developments in formal logic.

Transnationalisation and Legal Actors

Author : Bettina Lemann Kristiansen
Publisher : Routledge
ISBN 13 : 0429678975
Total Pages : 305 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Transnationalisation and Legal Actors by : Bettina Lemann Kristiansen

Download or read book Transnationalisation and Legal Actors written by Bettina Lemann Kristiansen and published by Routledge. This book was released on 2019-06-10 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.

State and Legal Practice in the Caucasus

Author : Stéphane Voell
Publisher : Routledge
ISBN 13 : 1317050495
Total Pages : 263 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis State and Legal Practice in the Caucasus by : Stéphane Voell

Download or read book State and Legal Practice in the Caucasus written by Stéphane Voell and published by Routledge. This book was released on 2016-03-09 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism and the experience of the state in the Caucasus are at the centre of this edited volume. This is a region affected by a multitude of legal orders and the book describes social action and governance in the light of this, and considers how conceptions of order are enforced, used, followed and staged in social networks and legal practice. Principally, how is the state perceived and how does it perform in both the North and South Caucasus? From elections in Dagestan and Armenia to uses of traditional law in Ingushetia and Georgia, from repression of journalism in Azerbaijan to the narrations of anti-corruption campaigns in Georgia - the text reflects the multifarious uses and performances of law and order. The collection includes approaches from different scholarly traditions and their respective theoretical background and therefore forms a unique product of multinational encounters. The volume will be a valuable resource for legal and political anthropologists, ethnohistorians and researchers and academics working in the areas of post-socialism and post-colonialism.

Rethinking the Relationship Between International, EU and National Law

Author : Lando Kirchmair
Publisher :
ISBN 13 : 1009380192
Total Pages : 422 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Rethinking the Relationship Between International, EU and National Law by : Lando Kirchmair

Download or read book Rethinking the Relationship Between International, EU and National Law written by Lando Kirchmair and published by . This book was released on 2024-03-06 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.

The Constitutional State

Author : N. W. Barber
Publisher : OUP Oxford
ISBN 13 : 0191637246
Total Pages : 214 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Constitutional State by : N. W. Barber

Download or read book The Constitutional State written by N. W. Barber and published by OUP Oxford. This book was released on 2012-09-27 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.

Pluralism in International Criminal Law

Author : Elies van Sliedregt
Publisher : OUP Oxford
ISBN 13 : 019100829X
Total Pages : 510 pages
Book Rating : 4.1/5 (91 download)

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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.