Pluralism By The Rules

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Dialogues on Human Rights and Legal Pluralism

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

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

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

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.

Beyond Constitutionalism

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

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Book Synopsis Beyond Constitutionalism by : Nico Krisch

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

Legal Pluralism Explained

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
ISBN 13 : 0190861584
Total Pages : 208 pages
Book Rating : 4.1/5 (98 download)

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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.

Pluralism by the Rules

Author : Edward P. Weber
Publisher : Georgetown University Press
ISBN 13 : 9781589013872
Total Pages : 334 pages
Book Rating : 4.0/5 (138 download)

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Book Synopsis Pluralism by the Rules by : Edward P. Weber

Download or read book Pluralism by the Rules written by Edward P. Weber and published by Georgetown University Press. This book was released on 1998-01-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite America's pluralistic, fragmented, and generally adversarial political culture, participants in pollution control politics have begun to collaborate to reduce the high costs of developing, implementing, and enforcing regulations. Edward P. Weber uses examples from this traditionally combative policy arena to propose a new model for regulation, "pluralism by the rules," a structured collaborative format that can achieve more effective results at lower costs than typically come from antagonistic approaches. Weber cites the complexity and high implementation costs of environmental policy as strong but insufficient incentives for collaboration. He shows that cooperation becomes possible when opposing sides agree to follow specific rules that include formal binding agreements about enforcement, commitment to the process by political and bureaucratic leaders, and the ensured access and accountability of all parties involved. Such rules establish trust, create assurances that agreements will be enforced, and reduce the perceived risks of collaboration. Through case studies dealing with acid rain, reformulated gasoline, and oil refinery pollution control, Weber demonstrates the potential of collaboration for realizing a cleaner environment, lower compliance costs, and more effective enforcement. Challenging the prevailing view that endless conflict in policymaking is inevitable, Pluralism by the Rules establishes a theoretical framework for restructuring the regulatory process.

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.

Legal Pluralism and Development

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
ISBN 13 : 1107019400
Total Pages : 271 pages
Book Rating : 4.1/5 (7 download)

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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.

Popular Culture and Legal Pluralism

Author : Wendy A Adams
Publisher : Routledge
ISBN 13 : 1317078284
Total Pages : 227 pages
Book Rating : 4.3/5 (17 download)

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

Download or read book Popular Culture and Legal Pluralism written by Wendy A Adams and published by Routledge. This book was released on 2016-06-17 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.

Normative Plurality in International Law

Author : Carlos Iván Fuentes
Publisher : Springer
ISBN 13 : 3319439294
Total Pages : 263 pages
Book Rating : 4.3/5 (194 download)

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

Download or read book Normative Plurality in International Law written by Carlos Iván Fuentes and published by Springer. This book was released on 2016-09-02 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

Militant Democracy

Author : András Sajó
Publisher : Eleven International Publishing
ISBN 13 : 9077596046
Total Pages : 271 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis Militant Democracy by : András Sajó

Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Religious Pluralism and Islamic Law

Author : Anver M. Emon
Publisher : OUP Oxford
ISBN 13 : 0191637742
Total Pages : 384 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Religious Pluralism and Islamic Law by : Anver M. Emon

Download or read book Religious Pluralism and Islamic Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-07-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.

Explanatory Pluralism

Author : C. Mantzavinos
Publisher : Cambridge University Press
ISBN 13 : 1316668487
Total Pages : 237 pages
Book Rating : 4.3/5 (166 download)

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Book Synopsis Explanatory Pluralism by : C. Mantzavinos

Download or read book Explanatory Pluralism written by C. Mantzavinos and published by Cambridge University Press. This book was released on 2016-05-26 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explaining phenomena is one of the main activities in which scientists engage. This book proposes a new philosophical theory of scientific explanation by developing and defending the position of explanatory pluralism with the help of the notion of 'explanatory games'. Mantzavinos provides a descriptive account of the explanatory activity of scientists in different domains and shows how they differ from commonsensical explanations offered in everyday life by ordinary people and also from explanations offered in religious contexts. He also shows how an evaluation and a critical appraisal of explanations put forward in different social arenas can take place on the basis of different values. Explanatory Pluralism provides solutions to all important descriptive and normative problems of the philosophical theory of explanation as illustrated in sophisticated case studies from economics and medicine, but also from mythology and religion.

Religion and Legal Pluralism

Author : Dr Russell Sandberg
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 140945584X
Total Pages : 301 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Religion and Legal Pluralism by : Dr Russell Sandberg

Download or read book Religion and Legal Pluralism written by Dr Russell Sandberg and published by Ashgate Publishing, Ltd.. This book was released on 2015-07-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.

Pluralism by Default

Author : Lucan Way
Publisher : JHU Press
ISBN 13 : 1421418126
Total Pages : 274 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis Pluralism by Default by : Lucan Way

Download or read book Pluralism by Default written by Lucan Way and published by JHU Press. This book was released on 2015 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Focusing on regime trajectories across three countries in the former Soviet Union (Belarus, Moldova, and Ukraine), Lucan Way argues that democratic political competition has often been grounded less in well-designed institutions or emerging civil society, and more in the failure of authoritarianism. In many cases, pluralism has persisted because autocrats have been too weak to steal elections, repress opposition, or keep allies in line. Attention to the dynamics of this "pluralism by default" reveals an important but largely unrecognized contradiction in the transition process in many countries - namely, that the same factors that facilitate democratic and semi-democratic political competition may also thwart the development of stable, well-functioning democratic institutions. Weak states and parties - factors typically seen as sources of democratic failure - can also undermine efforts to crack down on political opposition and concentrate political control"--

Non-State Justice Institutions and the Law

Author : M. Kötter
Publisher : Springer
ISBN 13 : 1137403284
Total Pages : 262 pages
Book Rating : 4.1/5 (374 download)

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Book Synopsis Non-State Justice Institutions and the Law by : M. Kötter

Download or read book Non-State Justice Institutions and the Law written by M. Kötter and published by Springer. This book was released on 2015-02-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.

Critical Pluralism, Democratic Performance, and Community Power

Author : Paul Schumaker
Publisher :
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Critical Pluralism, Democratic Performance, and Community Power by : Paul Schumaker

Download or read book Critical Pluralism, Democratic Performance, and Community Power written by Paul Schumaker and published by . This book was released on 1991 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who governs is a central question in political science. Typically, political scientists address this question by relying upon either empirical analysis, which explains existing political practices, or normative analysis, which orescribes ideal politcal practices.