The Challenge of Legal Pluralism
The Challenge of Legal Pluralism

Author: Marc Simon Thomas

Publisher: Taylor & Francis

Published: 2016-09-13

Total Pages: 267

ISBN-13: 131703919X

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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.

Geopolitics and Decolonization
Geopolitics and Decolonization

Author: Fernanda Frizzo Bragato

Publisher: Rowman & Littlefield

Published: 2017-12-06

Total Pages: 263

ISBN-13: 1786605139

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Gathering researchers from or towards Global South epistemologies, this book enriches the debate on crucial questions for liberation in the South and the improvement of South relations. It argues that coloniality and colonialism are not outdated phenomena of the historical past, but contemporary marks that remain repressed. The dominance of Eurocentric paradigm in the social sciences explains the long-lasting detachment between thinkers and politicians from the Global South, which have been historically presented according to their respective relations with the West (Europe and North America). The dialogue on common problems and challenges to people and societies in the South, largely derived from their colonial past and condition, is still sparing. This book actively promotes and demonstrates the value of intercultural dialogue and debate amongst voices from within the Global South on issues to do with decoloniality, cultural rights, law and politics.

Human Rights Encounter Legal Pluralism
Human Rights Encounter Legal Pluralism

Author: Giselle Corradi

Publisher: Bloomsbury Publishing

Published: 2017-05-18

Total Pages: 403

ISBN-13: 1849467714

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This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

Debating Legal Pluralism and Constitutionalism
Debating Legal Pluralism and Constitutionalism

Author: Guillaume Tusseau

Publisher: Springer Nature

Published: 2020-02-24

Total Pages: 343

ISBN-13: 3030344320

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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.

Handbook of the History of the Philosophy of Law and Social Philosophy
Handbook of the History of the Philosophy of Law and Social Philosophy

Author: Gianfrancesco Zanetti

Publisher: Springer Nature

Published: 2023-03-28

Total Pages: 303

ISBN-13: 3031195507

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This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

Marginalized Communities and Access to Justice
Marginalized Communities and Access to Justice

Author: Yash Ghai CBE

Publisher: Routledge

Published: 2009-12-16

Total Pages: 281

ISBN-13: 1135236135

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Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.

Culture in Chaos
Culture in Chaos

Author: Stephen C. Lubkemann

Publisher: University of Chicago Press

Published: 2010-03-15

Total Pages: 414

ISBN-13: 0226496430

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Fought in the wake of a decade of armed struggle against colonialism, the Mozambican civil war lasted from 1977 to 1992, claiming hundreds of thousands of lives while displacing millions more. As conflicts across the globe span decades and generations, Stephen C. Lubkemann suggests that we need a fresh perspective on war when it becomes the context for normal life rather than an exceptional event that disrupts it. Culture in Chaos calls for a new point of departure in the ethnography of war that investigates how the inhabitants of war zones live under trying new conditions and how culture and social relations are transformed as a result. Lubkemann focuses on how Ndau social networks were fragmented by wartime displacement and the profound effect this had on gender relations. Demonstrating how wartime migration and post-conflict return were shaped by social struggles and interests that had little to do with the larger political reasons for the war, Lubkemann contests the assumption that wartime migration is always involuntary. His critical reexamination of displacement and his engagement with broader theories of agency and social change will be of interest to anthropologists, political scientists, historians, and demographers, and to anyone who works in a war zone or with refugees and migrants.

Law and Legal Information Directory
Law and Legal Information Directory

Author: Thomson Gale (Firm)

Publisher: Gale Cengage

Published: 2006

Total Pages: 2068

ISBN-13: 9780787685126

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Law and Legal Information Directory provides descriptions and contact information for institutions, services and facilities in the law and legal information industry.

New Mechanisms of Participation in Extractive Governance
New Mechanisms of Participation in Extractive Governance

Author: Esben Leifsen

Publisher: Routledge

Published: 2018-10-05

Total Pages: 368

ISBN-13: 1351118129

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The scholarly debate on deliberative democracy often suggests that participatory processes will contribute to make environmental governance not only more legitimate and effective, but also lead to the empowerment of marginalized social groups. Critical studies, however, analyse how technologies of governance make use of participation to draw boundaries that separate technical knowledge from political concerns, direct the focus towards procedural aspects and contractual obligations, and reinforce hegemonic understandings of development and of local people’s relationships to their environment. This book focuses on the dynamics and use of participatory mechanisms related to the rapid expansion of the extractive industries worldwide and the ways it increasingly affects sensitive natural environments populated by indigenous and other marginalized populations. Nine empirically grounded case studies analyse a range of participatory practices ranging from state-led and corporation-led processes like prior consultation and Free Prior and Informed Consent (FPIC), compensation practices, participatory planning exercises and the participation in environmental impact assessments (EIAs), to community-led consultations, community-based FPIC and EIA processes and struggles for community-based governance of natural resource uses. The book provides new insights through a combination of different theoretical strands, which help to scrutinize the limits to deliberation and empowerment on the one hand, and on the other hand to understand the political resistance potential that alternative uses of participatory mechanisms can generate. The chapters originally published as a special issue of Third World Quarterly.