The Challenge Of Legal Pluralism

Author : Mary Hallward-Driemeier
Publisher : World Bank Publications
ISBN 13 : 0821395343
Total Pages : 237 pages
Book Rating : 4.49/5 ( download)

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Download or read book Empowering Women written by Mary Hallward-Driemeier and published by World Bank Publications. This book was released on 2012-10-04 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides compelling evidence from 42 Sub-Saharan African countries that gender gaps in legal capacity and property rights need to be addressed in terms of substance, enforcement, awareness, and access if economic opportunities for women in Sub-Saharan Africa are to continue to expand.

Author : Kamari Maxine Clarke
Publisher : Cambridge University Press
ISBN 13 : 0521889103
Total Pages : 353 pages
Book Rating : 4.00/5 ( download)

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Download or read book Fictions of Justice written by Kamari Maxine Clarke and published by Cambridge University Press. This book was released on 2009-05-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.

Author : Paul Schiff Berman
Publisher : Cambridge University Press
ISBN 13 : 1107376912
Total Pages : 357 pages
Book Rating : 4.15/5 ( download)

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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.

Author : Marc Simon Thomas
Publisher : Taylor & Francis
ISBN 13 : 131703919X
Total Pages : 256 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Challenge of Legal Pluralism written by Marc Simon Thomas and published by Taylor & Francis. This book was released on 2016-09-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance. This book argues that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a "counter-hegemonic strategy", even if, on other socio-geographical levels, this thinking in terms of resistance holds true. Based on qualitative research, the work analyzes how internal conflicts among indigenous inhabitants of the Ecuadorian highlands are being settled in a situation of formal legal pluralism, and what can be learned from this in terms of Indian-state relationships. It is shown that, on a local level, the phenomenological dimension of legal pluralism can be termed "interlegality." On a macro level, ontological assumptions underscore that legal pluralism is still seen as a dichotomy between customary and national law. Multidisciplinary in nature, the book will be of interest to academics and researchers working in the areas of Legal Pluralism, Cultural Anthropology and Latin American Studies.

Author : Guillaume Tusseau
Publisher : Springer Nature
ISBN 13 : 3030344320
Total Pages : 343 pages
Book Rating : 4.20/5 ( download)

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Download or read book Debating Legal Pluralism and Constitutionalism written by Guillaume Tusseau and published by Springer Nature. This book was released on 2020-02-24 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.44/5 ( download)

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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"--

Author : Michael A. Helfand
Publisher :
ISBN 13 : 9781316030066
Total Pages : 364 pages
Book Rating : 4.67/5 ( download)

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Download or read book Negotiating State and Non-state Law written by Michael A. Helfand and published by . This book was released on 2015 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Prakash Shah
Publisher : Routledge
ISBN 13 : 1135308780
Total Pages : 213 pages
Book Rating : 4.80/5 ( download)

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Download or read book Legal Pluralism in Conflict written by Prakash Shah and published by Routledge. This book was released on 2016-09-17 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.

Author : Michael Helfand
Publisher :
ISBN 13 : 9781316031025
Total Pages : 364 pages
Book Rating : 4.20/5 ( download)

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Download or read book Negotiating State and Non-State Law written by Michael Helfand and published by . This book was released on 2015 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the relationship between the nation-state and non-state law, considering how they can coexist and transform each other.

Author : Susanne Epple
Publisher : transcript Verlag
ISBN 13 : 3839450217
Total Pages : 415 pages
Book Rating : 4.15/5 ( download)

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Download or read book Legal Pluralism in Ethiopia written by Susanne Epple and published by transcript Verlag. This book was released on 2020-07-31 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.