People's Law and state law
Author: Antony Allott
Publisher: Walter de Gruyter
Published: 2011-05-02
Total Pages: 365
ISBN-13: 3110866285
DOWNLOAD EBOOKPeople's Law and State Law: The Bellagio Papers.
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Author: Antony Allott
Publisher: Walter de Gruyter
Published: 2011-05-02
Total Pages: 365
ISBN-13: 3110866285
DOWNLOAD EBOOKPeople's Law and State Law: The Bellagio Papers.
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.
Author: Gordon R. Woodman
Publisher: LIT Verlag Münster
Published: 2011
Total Pages: 245
ISBN-13: 3643998988
DOWNLOAD EBOOKThis 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 generalisation. 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.
Author: Christa Rautenbach
Publisher:
Published: 2021
Total Pages: 487
ISBN-13: 9781776173259
DOWNLOAD EBOOKAuthor: 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.
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"--
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.
Author:
Publisher: LIT Verlag Münster
Published:
Total Pages: 227
ISBN-13: 3643998694
DOWNLOAD EBOOKAuthor: Nicole Roughan
Publisher: Cambridge University Press
Published: 2017-09-14
Total Pages: 387
ISBN-13: 1107183960
DOWNLOAD EBOOKThis book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state.
Author: Norbert Oberauer
Publisher: BRILL
Published: 2019-05-20
Total Pages: 268
ISBN-13: 9004398260
DOWNLOAD EBOOKApproaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.