Introduction to Legal Pluralism in South Africa
Author: Christa Rautenbach
Publisher:
Published: 2021
Total Pages: 487
ISBN-13: 9781776173259
DOWNLOAD EBOOKPosts
Legal Pluralism and Development
Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
Published: 2012-05-28
Total Pages: 271
ISBN-13: 1107019400
DOWNLOAD EBOOKPrevious 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.
Legal Pluralism
Author: M. B. Hooker
Publisher: Oxford University Press, USA
Published: 1975
Total Pages: 634
ISBN-13:
DOWNLOAD EBOOKThis study describes the plural systems of those states retaining an indigenous law which have had imposed, or have adopted into themselves, Western laws- such as those inherited from colonial empires or adopted voluntarily in, for example, Turkey, Thailand, and Ethiopia. Attention is also given to the revolutionary change of law in the U.S.S.R and China. Many issues of practical importance are involved in pluralism, includind those of modernization and development of law for economic and development of law for economic and social purposes, as well as conflicts of law and legal theory.
Legal Pluralism Explained
Author: Brian Z. Tamanaha
Publisher: Oxford University Press
Published: 2021-03-03
Total Pages: 208
ISBN-13: 0190861584
DOWNLOAD EBOOKLegal 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.
Legal Pluralism in Ethiopia
Author: Susanne Epple
Publisher: transcript Verlag
Published: 2020-07-31
Total Pages: 415
ISBN-13: 3839450217
DOWNLOAD EBOOKBeing 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.
Global Legal Pluralism
Author: Paul Schiff Berman
Publisher: Cambridge University Press
Published: 2012-02-27
Total Pages: 357
ISBN-13: 1107376912
DOWNLOAD EBOOKWe 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.
The Oxford Handbook of Global Legal Pluralism
Author: Paul Schiff Berman
Publisher: Oxford University Press, USA
Published: 2020-09-24
Total Pages: 1133
ISBN-13: 0197516742
DOWNLOAD EBOOK"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Legal Pluralism in Conflict
Author: Prakash Shah
Publisher: Psychology Press
Published: 2005
Total Pages: 232
ISBN-13: 9781904385585
DOWNLOAD EBOOKLegal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. It 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.
Legal Pluralism and Shari'a Law
Author: Adam Possamai
Publisher: Routledge
Published: 2024-10-14
Total Pages: 0
ISBN-13: 9781032931036
DOWNLOAD EBOOKLegal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Shari'a, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Shari'a at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens. This book was published as a special issue of Democracy and Security.
Legal Pluralism in the Holy City
Author: Dr Ido Shahar
Publisher: Ashgate Publishing, Ltd.
Published: 2015-09-28
Total Pages: 241
ISBN-13: 1409410528
DOWNLOAD EBOOKThis 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 study is based on participant observations in the studied shari'a court in contemporary West Jerusalem, as well as on textual and legal analyses of court cases and rulings, and 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.
