Courts Pluralism And Law In The Everyday

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Courts, Pluralism, and Law in the Everyday

Author : Cinzia Piciocchi
Publisher : Unknown
Page : 0 pages
File Size : 45,5 Mb
Release : 2023
Category : Courts
ISBN : 1032403683

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Courts, Pluralism, and Law in the Everyday by Cinzia Piciocchi Pdf

"This book examines the everyday judicial experience in four multicultural jurisdictions as a means of exploring the relationship between legal systems and cultural identities. Increasing social heterogeneity has deeply affected legal systems as courts and parliaments must now deal with a growing rate of cases concerning cultural pluralism. Headline grabbing disputes usually concern challenges to fundamental rights and principles which may be put at risk by some religious or cultural practices. These are difficult issues questioning the compatibility between some cultural and religious practices and constitutional values. However, much of the interaction between law and cultural pluralism also concerns daily life activities, which do not necessarily challenge fundamental rights. This book deals with food, clothing and days of rest: three expressions of both human needs and identity, which are based on ethnic origin, tradition, culture, religion or, simply, taste. The volume looks at the intersection between these choices and constitutional rights such as religious liberty, or freedom of expression. It aims to understand how the state legal system deals with them and when non-mainstreaming behaviours are accommodated. Four legal systems are taken into consideration: the United States of America, Canada, Franc, and Italy, exploring similarities and differences in facing cultural diversity around these quotidian issues. The book pays particular attention to the places where diversity is most apparent and also considers the choices that are not based on religious precepts, but rather on "personal philosophy". The book will be of interest to researchers, academics and policy-makers working in the areas of Constitutional Law, Law and Cultural Diversity, Human Rights, Minority Rights and Discrimination Law"--

Fictions of Justice

Author : Kamari Maxine Clarke
Publisher : Cambridge University Press
Page : 353 pages
File Size : 51,5 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.

The Oxford Handbook of Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 42,5 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 Explained

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
Page : 208 pages
File Size : 54,6 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.

Legal Pluralism in Action

Author : Dr Latif Tas
Publisher : Ashgate Publishing, Ltd.
Page : 223 pages
File Size : 41,6 Mb
Release : 2014-07-28
Category : Law
ISBN : 9781472422101

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Legal Pluralism in Action by Dr Latif Tas Pdf

This groundbreaking book contributes to, and refocuses, public debates about the incorporation of plural approaches into the English legal system. The book specifically advances the recent, largely theoretical, discussions of Sharia legal practice by examining a secular method of dispute resolution as practised by the Kurdish Peace Committee in London. Following migration to the West, many Kurds still adhere to traditional values and norms. Building on these, they have adapted their customary legal practices to create unofficial legal courts and other forms of legal hybridisation. These practical solutions to the challenges of a pluralistic life are seen by Kurdish communities in the UK as applicable not only to British and transnational daily life, but also as a training ground for institutions in a possible future Kurdish state. The study provides a substantive evidence base using extensive ethnographic data about the workings of the Kurdish Peace Committee, examining detailed case studies in the context of the customs and practices of the Kurdish community. Based on an ethnographic and interdisciplinary approach, this book will be of interest to policy makers, socio-legal professionals, students and scholars of legal anthropology, ethnic minority law, transnationalism, diaspora, Kurdish, Turkish and Middle Eastern studies.

Courts, Pluralism and Law in the Everyday

Author : Cinzia Piciocchi
Publisher : Taylor & Francis
Page : 275 pages
File Size : 44,8 Mb
Release : 2023-08-11
Category : Law
ISBN : 9781000924589

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Courts, Pluralism and Law in the Everyday by Cinzia Piciocchi Pdf

This book examines the everyday judicial experience in four multicultural jurisdictions as a means of exploring the relationship between legal systems and cultural identities. Increasing social heterogeneity has deeply affected legal systems as courts and parliaments must now deal with a growing rate of cases concerning cultural pluralism. Headline-grabbing disputes usually concern challenges to fundamental rights and principles which may be put at risk by some religious or cultural practices. These are difficult issues questioning the compatibility between some cultural and religious practices and constitutional values. However, much of the interaction between law and cultural pluralism also concerns daily life activities, which do not necessarily challenge fundamental rights. This book deals with food, clothing and days of rest: three expressions of both human needs and identity which are based on ethnic origin, tradition, culture, religion or, simply, taste. The volume looks at the intersection between these choices and constitutional rights such as religious liberty or freedom of expression. It aims to understand how the state legal system deals with them and when non-mainstreaming behaviours are accommodated. Four legal systems are taken into consideration – the United States of America, Canada, France and Italy – exploring similarities and differences in facing cultural diversity around these quotidian issues. The book pays particular attention to the places where diversity is most apparent and also considers the choices that are not based on religious precepts, but rather on “personal philosophy”. The book will be of interest to researchers, academics and policy-makers working in the areas of constitutional law, law and cultural diversity, human rights, minority rights and discrimination law.

Legal Pluralism and Development

Author : Brian Z. Tamanaha,Caroline Sage,Michael J. V. Woolcock
Publisher : Cambridge University Press
Page : 271 pages
File Size : 45,6 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 in Conflict

Author : Prakash Shah
Publisher : Routledge
Page : 213 pages
File Size : 49,6 Mb
Release : 2016-09-17
Category : Law
ISBN : 9781135308780

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Legal Pluralism in Conflict by Prakash Shah Pdf

Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict 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.

Journal of Legal Pluralism and Unofficial Law

Author : Melanie G. Wiber,Helene Maria Kyed
Publisher : LIT Verlag Münster
Page : 285 pages
File Size : 50,7 Mb
Release : 2012-06-06
Category : Law
ISBN : 9783643998736

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Journal of Legal Pluralism and Unofficial Law by Melanie G. Wiber,Helene Maria Kyed Pdf

This special issue contains papers on international development interventions that offer support to justice and security reforms in so-called "fragile states." Following an introduction by guest editor Helene Maria Kyed, the book includes papers on: justice and security architecture in Africa * reconfiguring state and non-state actors in the provision of safety in (South) Africa - implications for bottom-up policing arrangements and for donor funding * the consequences of ideals-oriented rule of law policy-making in Liberia * the politics of customary law ascertainment in South Sudan * hybrid and 'everyday' political ordering - constructing and contesting legitimacy in Somaliland * spinning a conflict management web in Vanuatu - creating and strengthening links between state and non-state legal institutions * decentralized power and traditional authorities - how power determines access to justice in Sierra Leone * delivering justice - the changing gendered dynamics of land tenure in Botswana. (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 63)

Invitation to Law & Society

Author : Kitty Calavita
Publisher : University of Chicago Press
Page : 245 pages
File Size : 45,8 Mb
Release : 2016-04-11
Category : Social Science
ISBN : 9780226296616

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Invitation to Law & Society by Kitty Calavita Pdf

Research and real-life examples that “lucidly connect some of the divisive social issues confronting us today to that thing we call ‘the law’” (Law and Politics Book Review). Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement. “Entertaining and conversational.” —Law and Social Inquiry

Law and Religious Pluralism in Canada

Author : Richard J. Moon
Publisher : UBC Press
Page : 327 pages
File Size : 46,6 Mb
Release : 2009-05-01
Category : Religion
ISBN : 9780774858533

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Law and Religious Pluralism in Canada by Richard J. Moon Pdf

Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.

Fictions of Justice

Author : Kamari Maxine Clarke
Publisher : Unknown
Page : 322 pages
File Size : 52,9 Mb
Release : 2009
Category : Criminal law
ISBN : 0511538529

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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.

Legal Pluralism in Muslim Contexts

Author : Norbert Oberauer,Yvonne Prief,Ulrike Qubaja
Publisher : BRILL
Page : 268 pages
File Size : 43,6 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.

Legal Pluralism and Empires, 1500-1850

Author : Lauren Benton,Richard J. Ross
Publisher : NYU Press
Page : 325 pages
File Size : 45,6 Mb
Release : 2013-07-22
Category : Law
ISBN : 9780814708187

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Legal Pluralism and Empires, 1500-1850 by Lauren Benton,Richard J. Ross Pdf

This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.

The Oxford Handbook of Transnational Law

Author : Peer Zumbansen
Publisher : Oxford University Press
Page : 1246 pages
File Size : 41,8 Mb
Release : 2021
Category : Law
ISBN : 9780197547410

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The Oxford Handbook of Transnational Law by Peer Zumbansen Pdf

A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.