This volume includes the following contributions: All Law Is Plural: Legal Pluralism and the Distinctiveness of Law * Plural Legal Orders of Land Use * Could Singapore's Legal Pluralism Work in Australia? * Substantive Equality and Maternal Mortality in Nigeria * An Institutional Perspective on Courts of Law in Colonial and Postcolonial Settings * Comparative Law at the Intersection of Religious and Secular Orders (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 65)
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.
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Approaches 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.
In Muslim Integration: Pluralism and Multiculturalism in New Zealand and Australia, contributors from a range of backgrounds investigate the state of Muslim integration in New Zealand and Australia. The growing presence of a Muslim minority has invited these two Pacific settler states to closely consider the question of Muslim integration into Western society. This collection discusses the future of religio-cultural pluralism, multicultural policies, and the growing demands for greater emphasis on assimilation. Contributors examine issues such as parallel societies, Islamophobia, radicalization, tolerance, adaptation and mutual adjustment, legal pluralism, the role of mosque architecture, and media depictions of Muslims are examined. Recommended for scholars of anthropology, religious studies, sociology, and political science.
The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
By building on and extending debates in socio-legal studies about the social role of law, and dealing with issues largely absent from international political economy this book will be of great interest to socio _ legal scholars and political economist&
This book provides one of the most detailed and comprehensive examinations of the Moroccan argan tree, the products derived from it and its cultural significance. The Moroccan argan trade is booming, but as the tree provides important ecological functions and plays an important role, both financially and culturally, for the Amazigh (Berber) people it has become a key topic of debate. This book thoroughly examines the production stories, benefits and impacts and provides a value-chain analysis which compares different cooperatives and approaches to production. It assesses the fair-trade approaches and attempts at sustainable production of the bio-trade resource. While being a vital source of income, the argan tree has a significant cultural importance to the Indigenous people and the book assesses the impact of the argan trade on their well-being, community and livelihoods. It examines Indigenous knowledge and intellectual property issues relating to the trade, as well as Berber-state law and politics. Assessing factors relating to legal and economic geography international trade, socio-cultural and human-nature relationships, the book provides a comprehensive analysis of the argan tree which will appeal to students, scholars and practitioners.
Sociological Approaches to Theories of Law applies empirical insights to examine theories of law proffered by analytical jurisprudents. The topics covered include artifact legal theory, law as a social construction, idealized accounts of the function of law, the dis-embeddeness of legal systems, the purported guidance function of law, the false social efficacy thesis, missteps in the quest to answer 'What is law?', and the relationship between empiricism and analytical jurisprudence. The analysis shows that on a number of central issues analytical jurisprudents assert positions inconsistent with the social reality of law. Woven throughout the text, the author presents a theoretically and empirically informed account of law as a social institution. The overarching theme is that philosophical claims about the nature of law can be tested and improved through greater empirical input.
