Dialogues On Human Rights And Legal Pluralism

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Dialogues on Human Rights and Legal Pluralism

René Provost,Colleen Sheppard
Dialogues on Human Rights and Legal Pluralism Book PDF

Author : René Provost,Colleen Sheppard
Publisher : Springer Science & Business Media
Page : 293 pages
File Size : 46,8 Mb
Release : 2012-08-10
Category : Law
ISBN : 9789400747104

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Dialogues on Human Rights and Legal Pluralism by René Provost,Colleen Sheppard Pdf

Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.

Dialogues on Human Rights and Legal Pluralism

René Provost,Colleen Sheppard
Dialogues on Human Rights and Legal Pluralism Book PDF

Author : René Provost,Colleen Sheppard
Publisher : Unknown
Page : 304 pages
File Size : 49,5 Mb
Release : 2012
Category : Electronic
ISBN : 940074711X

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Dialogues on Human Rights and Legal Pluralism by René Provost,Colleen Sheppard Pdf

Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights' focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions

Human Rights Encounter Legal Pluralism

Giselle Corradi,Eva Brems,Mark Goodale
Human Rights Encounter Legal Pluralism Book PDF

Author : Giselle Corradi,Eva Brems,Mark Goodale
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 46,6 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781849467728

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Human Rights Encounter Legal Pluralism by Giselle Corradi,Eva Brems,Mark Goodale Pdf

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.

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 : 53,7 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.

Research Methods for International Human Rights Law

Damian Gonzalez-Salzberg,Loveday Hodson
Research Methods for International Human Rights Law Book PDF

Author : Damian Gonzalez-Salzberg,Loveday Hodson
Publisher : Routledge
Page : 275 pages
File Size : 50,9 Mb
Release : 2019-06-13
Category : Law
ISBN : 9780429889363

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Research Methods for International Human Rights Law by Damian Gonzalez-Salzberg,Loveday Hodson Pdf

The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

Popular Culture and Legal Pluralism

Wendy A Adams
Popular Culture and Legal Pluralism Book PDF

Author : Wendy A Adams
Publisher : Routledge
Page : 240 pages
File Size : 53,9 Mb
Release : 2016-06-17
Category : Law
ISBN : 9781317078272

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Popular Culture and Legal Pluralism by Wendy A Adams Pdf

Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.

Child Marriage, Rights and Choice

Hoko Horii
Child Marriage Rights and Choice Book PDF

Author : Hoko Horii
Publisher : Routledge
Page : 135 pages
File Size : 44,8 Mb
Release : 2021-11-18
Category : Family & Relationships
ISBN : 9781000469080

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Child Marriage, Rights and Choice by Hoko Horii Pdf

This book addresses the issue of agency in relation to child marriage. In international campaigns against child marriage, there is a puzzle of agency: While international human rights institutions celebrate girls’ exercise of their agency not to marry, they do not recognize their agency to marry. Child marriage, usually defined as ‘any formal marriage or informal union where one or both of the parties are under 18 years of age’, is normally considered as forced – which is to say that it is assumed that are not capable of consenting to marriage. This book, however, re-examines this assumption, through a detailed socio-legal examination of child marriage in Indonesia. Eliciting the multiple competing frameworks according to which child marriage takes place, the book considers the complex reasons why children marry. Structural explanations such as lack of opportunities and oppressive social structures are important, but not exhaustive, explanations. Exploring the subjective reasons by listening to children’s perspectives, their stories show that many of them decide to marry for love, desire, to belong to the community, and for new opportunities and hopes. The book, then, demonstrates how the child marriage framework – and, indeed, the human rights framework in general – is constructed on too narrow a vision of human agency: One that cannot but fail to respect and promote the agency of all, regardless of gender, race, religion, and age. This book will be of interest to scholars, students, and practitioners in the areas of children’s rights, legal anthropology, and socio-legal studies.

Pluralism and Law

A. Soeteman
Pluralism and Law Book PDF

Author : A. Soeteman
Publisher : Springer Science & Business Media
Page : 388 pages
File Size : 54,7 Mb
Release : 2013-04-17
Category : Philosophy
ISBN : 9789401727020

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Pluralism and Law by A. Soeteman Pdf

What can we say about justice in a pluralist world? Is there some universal justice? Are there universal human rights? What is the function of the state in the modern world? Such are the problems dealt with by the 20th world congress of the International Association for Philosophy of Law and Social Philosophy (Amsterdam, June 2001) and published in this book, which is for legal and social philosophers, students of human rights, and political philosophers.

Children of the Crisis

Annika Lems,Kathrin Oester,Sabine Strasser
Children of the Crisis Book PDF

Author : Annika Lems,Kathrin Oester,Sabine Strasser
Publisher : Routledge
Page : 177 pages
File Size : 42,6 Mb
Release : 2021-09-30
Category : Social Science
ISBN : 9781000460827

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Children of the Crisis by Annika Lems,Kathrin Oester,Sabine Strasser Pdf

Every year, thousands of young people on the run from war and persecution, or escaping poverty and chronic instability, make their way to Europe without their parents. Embarking on long and often dangerous journeys, they have either become separated from their families on the way or set out on their own. In recent years, the number of unaccompanied minors arriving in Europe has risen drastically. It has led to a major shift in perception in European countries, initiating a wealth of policies and infrastructures targeted specifically at unaccompanied child refugees. This book investigates the emergence of the unaccompanied child refugee as a ‘crisis figure’. It shows how the sense of exceptionality attached to this figure translates into ambiguous and at times extremely contradictory social practices that have far-reaching effects on the lives of refugee youth. By bringing together ethnographically driven research on unaccompanied minors in some of the core arrival and transit countries in or into Europe, it shows the divergent ways ideas on childhood, deservingness and vulnerability are interpreted, lived, and grappled with on the ground. By laying the focus on young people’s own experiences and perspectives, it establishes a deeper understanding of the ways unaccompanied asylum seekers live and make sense of shifting social terrains. The chapters in this book were originally published as a special issue of the Journal of Ethnic and Migration Studies.

Human Rights in Translation

Michal Jan Rozbicki
Human Rights in Translation Book PDF

Author : Michal Jan Rozbicki
Publisher : Lexington Books
Page : 253 pages
File Size : 54,5 Mb
Release : 2018-10-26
Category : History
ISBN : 9781498581424

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Human Rights in Translation by Michal Jan Rozbicki Pdf

This volume reflects on what happens when the idea and practice of universal human rights cross the cultural borders between different communities of knowledge. Although such rights are usually presumed to be founded on certain globally shared beliefs, the norms and values of many cultures are often incommensurable with these "universal" principles, and hence the need to translate and “vernacularize” them. Any law that would successfully institutionalize them must frame human rights in a way that defers to the historically constituted cultural capital of the society in which it is to function. The essays in this book seek to illuminate different cognitive contexts that produce different meanings of rights, identify spaces of intercultural crossings where differences can coexist, and offer usable narratives and metaphors that could help mediate between distinct cultures. They show that the path forward does not lead through a unified theory of human rights that can be applied globally, nor through mere repackaging of rights in a more understandable language. What is needed is a deep understanding of the process of intercultural dialogue, the cultural "grammar" involved in relationships of difference.

Normative Pluralism and Human Rights

Kyriaki Topidi
Normative Pluralism and Human Rights Book PDF

Author : Kyriaki Topidi
Publisher : Routledge
Page : 284 pages
File Size : 53,6 Mb
Release : 2018-06-13
Category : Law
ISBN : 9781351676496

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Normative Pluralism and Human Rights by Kyriaki Topidi Pdf

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

When Environmental Protection and Human Rights Collide

Marie-Catherine Petersmann
When Environmental Protection and Human Rights Collide Book PDF

Author : Marie-Catherine Petersmann
Publisher : Cambridge University Press
Page : 317 pages
File Size : 46,5 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781009027984

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When Environmental Protection and Human Rights Collide by Marie-Catherine Petersmann Pdf

Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.

Pluralism and Law: State, nation, community, civil society

International Association for Philosophy of Law and Social Philosophy. World Congress
Pluralism and Law State nation community civil society Book PDF

Author : International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher : Franz Steiner Verlag
Page : 200 pages
File Size : 42,8 Mb
Release : 2003
Category : Law
ISBN : 3515083626

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Pluralism and Law: State, nation, community, civil society by International Association for Philosophy of Law and Social Philosophy. World Congress Pdf

Contents Luigi Ferrajoli: Past and Future of the State under Law u Mauro Zamboni: oRechtsstaato: What is it that Swedish development assistance, organisatons oexporto? u Hans Gribnau: Legal Principles and Legislative Instrumentalism u Maria Jose Falcon y Tella: Justified Illegality: The Question of Civil Disobedience u Hideo Sasakura: How should we discuss the Right of Resistance today? u K. Papageorgiou: Nations, persons, rights and responsibilities u M.N.S. Sellers: The Right to Secede u Stephan Kirste: Constitution and Time u Nicholas Aroney: Towards a General Theory of the Formation and Amendment of Federal Constitutions: A Comparative Study u Adriaan Anderson: Prosecuting Crime in a Constitutional State: The Recent South African Experience u Luis Villar-Borda: The Role of the Constitutional Court in the Advance of Law in a Developing Country u Marcela Forero: Colombia: a Multisovereignty State u Samuli Hurri: What of Tomorrow's Citizenship? Universal and Politics in Hannah Arendt and Jurgen Habermas u Marcelo Campos Galuppo: Constitutional Hermeneutics and Pluralism u Francoise Michaut: Pluralism in Law in Robert Cover's Writings u E. A. Huppes-Cluysenaer: Informal Rules do not Exist u Niels F. van Manen: The legal recognition of distinct communities u Peter Koller: Law and Virtue u Carl Lebeck: Coercion, co-ordination and normativity - towards a refined distinction between positive and negative rights u Sheldon Wein: Moral Pluralism and the Rule of Law.

Advanced Introduction to International Human Rights Law

Dinah L. Shelton
Advanced Introduction to International Human Rights Law Book PDF

Author : Dinah L. Shelton
Publisher : Edward Elgar Publishing
Page : 386 pages
File Size : 51,8 Mb
Release : 2020-10-30
Category : Political Science
ISBN : 9781839103193

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Advanced Introduction to International Human Rights Law by Dinah L. Shelton Pdf

Now in its second edition, Dinah Shelton’s pioneering book provides a uniquely accessible introduction to the history and the latest developments in international human rights law. Exploring the origins, customs and institutions that have emerged globally and regionally in the last two centuries, this incisive book guides readers through the major treaties and declarations that form the foundations of the discipline today.

Mapping the Legal Boundaries of Belonging

René Provost
Mapping the Legal Boundaries of Belonging Book PDF

Author : René Provost
Publisher : Oxford University Press
Page : 339 pages
File Size : 47,7 Mb
Release : 2014
Category : Law
ISBN : 9780199383009

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Mapping the Legal Boundaries of Belonging by René Provost Pdf

Provost argues that the intersection between religion, nationalism, and other vectors of difference in both Canada and Israel offers a revealing laboratory in which to examine multiculturalism in particular and the governance of diversity in general. For several decades, 'culture' played a central role in challenging the liberal tradition. More recently, religion seems to have re-emerged as the new central challenge facing Western liberal societies' conception of multiculturalism.