Law In The Age Of Pluralism

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Law in the Age of Pluralism

Andrei Marmor
Law in the Age of Pluralism Book PDF

Author : Andrei Marmor
Publisher : Oxford University Press
Page : 312 pages
File Size : 46,9 Mb
Release : 2007-12-31
Category : Law
ISBN : 9780190450762

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Law in the Age of Pluralism by Andrei Marmor Pdf

Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.

Debating Legal Pluralism and Constitutionalism

Guillaume Tusseau
Debating Legal Pluralism and Constitutionalism Book PDF

Author : Guillaume Tusseau
Publisher : Springer Nature
Page : 343 pages
File Size : 50,5 Mb
Release : 2020-02-24
Category : Law
ISBN : 9783030344320

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Debating Legal Pluralism and Constitutionalism by Guillaume Tusseau Pdf

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.

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 : 41,8 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"--

Law and Religious Pluralism in Canada

Richard J. Moon
Law and Religious Pluralism in Canada Book PDF

Author : Richard J. Moon
Publisher : UBC Press
Page : 327 pages
File Size : 53,9 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.

Legal Pluralism Explained

Brian Z. Tamanaha
Legal Pluralism Explained Book PDF

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
Page : 208 pages
File Size : 50,5 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.

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 : 50,6 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.

Judicial Review in an Age of Moral Pluralism

Ronald C. Den Otter
Judicial Review in an Age of Moral Pluralism Book PDF

Author : Ronald C. Den Otter
Publisher : Cambridge University Press
Page : 357 pages
File Size : 54,7 Mb
Release : 2009-08-31
Category : Law
ISBN : 9780521762045

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Judicial Review in an Age of Moral Pluralism by Ronald C. Den Otter Pdf

This book considers how judicial review can be improved to strike the appropriate balance between legislative and judicial power.

Judicial Review in an Age of Moral Pluralism

Ronald C. Den Otter
Judicial Review in an Age of Moral Pluralism Book PDF

Author : Ronald C. Den Otter
Publisher : Cambridge University Press
Page : 357 pages
File Size : 42,9 Mb
Release : 2009-08-31
Category : Law
ISBN : 9780521762045

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Judicial Review in an Age of Moral Pluralism by Ronald C. Den Otter Pdf

This book considers how judicial review can be improved to strike the appropriate balance between legislative and judicial power.

Religious Rules, State Law, and Normative Pluralism - A Comparative Overview

Rossella Bottoni,Rinaldo Cristofori,Silvio Ferrari
Religious Rules State Law and Normative Pluralism A Comparative Overview Book PDF

Author : Rossella Bottoni,Rinaldo Cristofori,Silvio Ferrari
Publisher : Springer
Page : 420 pages
File Size : 41,8 Mb
Release : 2016-07-07
Category : Law
ISBN : 9783319283357

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Religious Rules, State Law, and Normative Pluralism - A Comparative Overview by Rossella Bottoni,Rinaldo Cristofori,Silvio Ferrari Pdf

This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.

In Pursuit of Pluralist Jurisprudence

Nicole Roughan,Andrew Halpin
In Pursuit of Pluralist Jurisprudence Book PDF

Author : Nicole Roughan,Andrew Halpin
Publisher : Cambridge University Press
Page : 387 pages
File Size : 49,8 Mb
Release : 2017-09-14
Category : Law
ISBN : 9781107183964

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In Pursuit of Pluralist Jurisprudence by Nicole Roughan,Andrew Halpin Pdf

This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state.

Legal Pluralism in Ethiopia

Susanne Epple,Getachew Assefa
Legal Pluralism in Ethiopia Book PDF

Author : Susanne Epple,Getachew Assefa
Publisher : transcript Verlag
Page : 415 pages
File Size : 41,6 Mb
Release : 2020-07-31
Category : Social Science
ISBN : 9783839450215

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Legal Pluralism in Ethiopia by Susanne Epple,Getachew Assefa Pdf

Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.

Legal Pluralism

Anonim
Legal Pluralism Book PDF

Author : Anonim
Publisher : Unknown
Page : 195 pages
File Size : 50,5 Mb
Release : 2018
Category : Electronic
ISBN : 9949778409

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Legal Pluralism by Anonim Pdf

An important part of the narrative of modern law and legal science has been the claim that legal unity possesses many advantages over the legal pluralism of earlier periods. This collection includes articles from the conference "Legal Pluralism - Cui bono?" organised by the School of Law in the University of Tartu in 2015. The conference papers not only identify the real dangers and challenges, but first of all the opportunities of legal pluralism and concentrate primarily on the perspective of the individual historically as well as in the present. The volume includes papers by Piia Kalamees, Katrin Kello, Olja Kivistik, Irene Kull, Kåre Lilleholt, Marju Luts-Sootak, Patrick Praet, Ralf Seinecke, Hesi Siimets-Gross, Maarja Torga, and Age Värv.

Ubiquitous Law

Emmanuel Melissaris
Ubiquitous Law Book PDF

Author : Emmanuel Melissaris
Publisher : Routledge
Page : 178 pages
File Size : 40,6 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781317005711

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Ubiquitous Law by Emmanuel Melissaris Pdf

Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal has been biased by the implicit or explicit presupposition of the State's exclusivity to a claim to legality as well as the tendency to make the enquiry into the law the task of experts, who purport to be able to represent the legal community's commitments in an authoritative manner. Very worryingly, the experts' point of view then becomes constitutive of the law and parasitic to and distortive of people's commitments. Ubiquitous Law counter-suggests a new methodology for legal theory, which will not be based on rigid epistemological and normative assumptions but rather on self-reflection and mutual understanding and critique, so as to establish acceptable differences on the basis of a commonality.

Normative Pluralism and International Law

Jan Klabbers,Touko Piiparinen
Normative Pluralism and International Law Book PDF

Author : Jan Klabbers,Touko Piiparinen
Publisher : Cambridge University Press
Page : 369 pages
File Size : 53,9 Mb
Release : 2013-04-22
Category : Law
ISBN : 9781107245167

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Normative Pluralism and International Law by Jan Klabbers,Touko Piiparinen Pdf

This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.

Confident Pluralism

John D. Inazu
Confident Pluralism Book PDF

Author : John D. Inazu
Publisher : University of Chicago Press
Page : 187 pages
File Size : 44,6 Mb
Release : 2018-08-03
Category : Law
ISBN : 9780226592435

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Confident Pluralism by John D. Inazu Pdf

In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—strive to live together peaceably despite our deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties and differing viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. With a new preface that addresses the election of Donald Trump, the decline in civic discourse after the election, the Nazi march in Charlottesville, and more, this new edition of Confident Pluralism is an essential clarion call during one of the most troubled times in US history. Inazu argues for institutions that can work to bring people together as well as political institutions that will defend the unprotected. Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and provides a path forward to a healthier future of tolerance, humility, and patience.