Community Courts And Postcolonial Legal Pluralism

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Community Courts and Postcolonial Legal Pluralism

Tina Lorizzo
Community Courts and Postcolonial Legal Pluralism Book PDF

Author : Tina Lorizzo
Publisher : Unknown
Page : 0 pages
File Size : 55,6 Mb
Release : 2024
Category : Criminal justice, Administration of
ISBN : 1032592044

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Community Courts and Postcolonial Legal Pluralism by Tina Lorizzo Pdf

"Focusing on the role of community courts in Mozambique, this book offers a postcolonial perspective on legal pluralism. In Mozambique, judicial courts are distant and expensive and legal terminology is incomprehensible to the majority of people. As such, Mozambicans continue to rely on different normative systems to resolve their disputes - systems that have always been considered as closer, cheaper and faster than judicial courts. This book analyses the functioning of community courts in the Mozambican capital city of Maputo. As it considers how the past shapes the relationship of the state with community courts, the book uncovers the Eurocentrism of mainstream discourses and practices of criminal justice. In response, it develops a postcolonial account of legal pluralism. Arguing that community courts may therefore be seen as the form of an otherwise neglected local knowledge, the book maintains their overlooked importance in improving widespread access to criminal justice. This book will be of value to scholars working in the areas of legal pluralism and postcolonialism, as well as others with interests in criminal justice"--

Legal Pluralism Explained

Brian Z. Tamanaha
Legal Pluralism Explained Book PDF

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
Page : 208 pages
File Size : 53,5 Mb
Release : 2021-03-03
Category : Law
ISBN : 9780190861582

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Legal Pluralism Explained by Brian Z. Tamanaha Pdf

Legal 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.

Community Courts and Postcolonial Legal Pluralism

Tina Lorizzo
Community Courts and Postcolonial Legal Pluralism Book PDF

Author : Tina Lorizzo
Publisher : Taylor & Francis
Page : 109 pages
File Size : 50,8 Mb
Release : 2024-04-02
Category : Law
ISBN : 9781040011065

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Community Courts and Postcolonial Legal Pluralism by Tina Lorizzo Pdf

By focusing on the role of community courts in Mozambique, this book offers a postcolonial perspective on legal pluralism. In Mozambique, judicial courts are distant and expensive, and legal terminology is incomprehensible to the majority of people. As such, Mozambicans continue to rely on different normative systems to resolve their disputes – systems that have always been considered to be closer, cheaper and faster than judicial courts. This book analyses the functioning of community courts in the Mozambican capital city of Maputo. As it considers how the past shapes the relationship of the state with community courts, the book uncovers the Eurocentrism of mainstream discourses and practices of criminal justice. In response, it develops a postcolonial account of legal pluralism. By arguing that community courts can therefore be seen as the form of an otherwise neglected local knowledge, the book discusses their overlooked importance in improving widespread access to criminal justice. This book will be of value to scholars working in the areas of legal pluralism and postcolonialism and others with interest in criminal justice.

Human Rights and Legal Pluralism

Yüksel Sezgin
Human Rights and Legal Pluralism Book PDF

Author : Yüksel Sezgin
Publisher : LIT Verlag Münster
Page : 203 pages
File Size : 42,5 Mb
Release : 2011
Category : Law
ISBN : 9783643999054

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Human Rights and Legal Pluralism by Yüksel Sezgin Pdf

'Human Rights and Legal Pluralism' opens with an article on how to integrate human rights into customary and religious legal systems generally before looking at a 'tribal' women's forum in South Rajastan, customary justice in Sierra Leone, indigenous justice systems in Latin America and deep legal pluralism in South Africa.

Fictions of Justice

Kamari Maxine Clarke
Fictions of Justice Book PDF

Author : Kamari Maxine Clarke
Publisher : Cambridge University Press
Page : 353 pages
File Size : 40,5 Mb
Release : 2009-05-25
Category : Law
ISBN : 9780521889100

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Fictions of Justice by Kamari Maxine Clarke Pdf

This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.

African Customary Justice

Pnina Werbner,Richard Werbner
African Customary Justice Book PDF

Author : Pnina Werbner,Richard Werbner
Publisher : Unknown
Page : 128 pages
File Size : 49,9 Mb
Release : 2021
Category : Customary law
ISBN : 1032149469

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African Customary Justice by Pnina Werbner,Richard Werbner Pdf

This book presents an important ethnographic and theoretical advance in legal anthropological scholarship by interrogating customary law, customary courts and legal pluralism in sub-Saharan Africa. It highlights the vitality and continued relevance of customary justice at a time when customary courts have waned or even disappeared in many postcolonial African nations. Taking Botswana as a casestudy from in-depth fieldwork over a fifty-year period, the book shows, the 'customary' is robustly enduring, central to settling interpersonal disputes and constitutive of the local as well as the national public ethics. Customary law continues to be constitutionally protected, authorised by the country's past as an authentic, viable legacy, from the British colonial period of indirect rule, to the postcolony's present development as a highly bureaucratised democracy. Along with a theoretical overview of the underlying issues for the anthropology and sociology of law, the book documents customary law as living law in the context of legal pluralism. It takes a legal realist approach and highlights the need to pay close attention to the lived experience of justice and its role in the production of legal subjectivities. The book will be valuable to Africanists but also, more broadly, to social scientists, social historians and socio-legal scholars with interests in law and social change, public ethics and personal morality, and the intersection of politics and judicial decision-making.

Legal Pluralism and Development

Brian Z. Tamanaha,Caroline Sage,Michael J. V. Woolcock
Legal Pluralism and Development Book PDF

Author : Brian Z. Tamanaha,Caroline Sage,Michael J. V. Woolcock
Publisher : Cambridge University Press
Page : 271 pages
File Size : 52,9 Mb
Release : 2012-05-28
Category : Law
ISBN : 9781107019409

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Legal Pluralism and Development by Brian Z. Tamanaha,Caroline Sage,Michael J. V. Woolcock Pdf

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.

Legal Pluralism and Shari’a Law

Adam Possamai,James T. Richardson,Bryan S Turner
Legal Pluralism and Shari a Law Book PDF

Author : Adam Possamai,James T. Richardson,Bryan S Turner
Publisher : Routledge
Page : 104 pages
File Size : 54,8 Mb
Release : 2016-04-08
Category : Political Science
ISBN : 9781134922130

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Legal Pluralism and Shari’a Law by Adam Possamai,James T. Richardson,Bryan S Turner Pdf

Legal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Sharī‘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 Sharī‘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.

The Oxford Handbook of Global Legal Pluralism

Paul Schiff Berman
The Oxford Handbook of Global Legal Pluralism Book PDF

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 46,8 Mb
Release : 2020-09-24
Category : Law
ISBN : 9780197516744

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The Oxford Handbook of Global Legal Pluralism by Paul Schiff Berman Pdf

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Legal Pluralism

M. B. Hooker
Legal Pluralism Book PDF

Author : M. B. Hooker
Publisher : Oxford : Clarendon Press
Page : 634 pages
File Size : 47,7 Mb
Release : 1975
Category : Language Arts & Disciplines
ISBN : UCAL:B4918616

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Legal Pluralism by M. B. Hooker Pdf

This 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.

Entangled Legalities Beyond the State

Nico Krisch
Entangled Legalities Beyond the State Book PDF

Author : Nico Krisch
Publisher : Cambridge University Press
Page : 521 pages
File Size : 45,5 Mb
Release : 2021-11-11
Category : Law
ISBN : 9781108843065

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Entangled Legalities Beyond the State by Nico Krisch Pdf

Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.

Indigenous Legal Traditions

Law Commission of Canada
Indigenous Legal Traditions Book PDF

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 46,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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Indigenous Legal Traditions by Law Commission of Canada Pdf

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Legal Pluralism in Muslim Contexts

Norbert Oberauer,Yvonne Prief,Ulrike Qubaja
Legal Pluralism in Muslim Contexts Book PDF

Author : Norbert Oberauer,Yvonne Prief,Ulrike Qubaja
Publisher : BRILL
Page : 268 pages
File Size : 48,6 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789004398269

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Legal Pluralism in Muslim Contexts by Norbert Oberauer,Yvonne Prief,Ulrike Qubaja Pdf

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.

Domestic Legal Pluralism and the International Criminal Court

Justin Su-Wan Yang
Domestic Legal Pluralism and the International Criminal Court Book PDF

Author : Justin Su-Wan Yang
Publisher : Routledge
Page : 240 pages
File Size : 43,5 Mb
Release : 2021-09-20
Category : Law
ISBN : 9781000450330

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Domestic Legal Pluralism and the International Criminal Court by Justin Su-Wan Yang Pdf

This book explores how the unique historical development of Islamic Shari’a criminal law alongside English common law in northern Nigeria has created a hybridised criminal legal system through a pluralist dynamic of mutual accommodation. It studies how this system may potentially be accommodated by the International Criminal Court. The work examines how this could be accommodated through the current understanding and operation of complementarity, and that it could ultimately prove to be preferable in encouraging the Shari’a courts to exercise criminal justice over the radical insurgents in northern Nigeria. These courts would have the unprecedented ability to combine binding adjudicative judgments together with religious interpretation and guidance, which can directly combat the predominantly unchallenged domain of ideology by extremist actors. It is submitted that these pluralist perspectives are timely and welcome, given the undeniably Western European foundations of modern International Criminal Law. In exploring such potential avenues, our shared understanding of modern international criminal justice is widened to necessarily include other stakeholders beyond its Western founders. It is the aim and hope that such interactions and engagements with non-Western traditions and cultures will lead to a greater shared ownership of the international criminal justice project, which will only strengthen the global fight against impunity. The book will be essential reading for academics, researchers and policy-makers working in the areas of International Criminal Law, Legal Pluralism, Islamic Shari’a Law, Nigeria, and religiously-inspired violence.

The Blackwell Companion to Law and Society

Austin Sarat
The Blackwell Companion to Law and Society Book PDF

Author : Austin Sarat
Publisher : John Wiley & Sons
Page : 688 pages
File Size : 52,8 Mb
Release : 2008-04-15
Category : Social Science
ISBN : 9780470692912

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The Blackwell Companion to Law and Society by Austin Sarat Pdf

The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.