Author : Anonim
Publisher : Unknown
Page : 250 pages
File Size : 48,9 Mb
Release : 2012
Category : Electronic books
ISBN : OCLC:1090052225
Legal Pluralism and Development
Anonim
Legal Pluralism And Development
Legal Pluralism And Development Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Legal Pluralism And Development book. This book definitely worth reading, it is an incredibly well-written.
Legal Pluralism and Development
Brian Z. Tamanaha,Caroline Sage,Michael J. V. Woolcock
Author : Brian Z. Tamanaha,Caroline Sage,Michael J. V. Woolcock
Publisher : Cambridge University Press
Page : 271 pages
File Size : 51,7 Mb
Release : 2012-05-28
Category : Law
ISBN : 9781107019409
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.
Law and Development, and Legal Pluralism in Ethiopia
Justice and Legal System Research Institute (Addis Ababa, Ethiopia)
Author : Justice and Legal System Research Institute (Addis Ababa, Ethiopia)
Publisher : Unknown
Page : 226 pages
File Size : 41,7 Mb
Release : 2013
Category : Electronic
ISBN : 9994498339
Law and Development, and Legal Pluralism in Ethiopia by Justice and Legal System Research Institute (Addis Ababa, Ethiopia) Pdf
Applied Legal Pluralism
Ghislain Otis,Jean Leclair,Sophie Thériault
Author : Ghislain Otis,Jean Leclair,Sophie Thériault
Publisher : Taylor & Francis
Page : 234 pages
File Size : 42,5 Mb
Release : 2022-07-15
Category : Law
ISBN : 9781000609127
Applied Legal Pluralism by Ghislain Otis,Jean Leclair,Sophie Thériault Pdf
This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism – defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism. As the book’s non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences.
Legal Pluralism Explained
Brian Z. Tamanaha
Author : Brian Z. Tamanaha
Publisher : Oxford University Press
Page : 208 pages
File Size : 47,8 Mb
Release : 2021-03-03
Category : Law
ISBN : 9780190861582
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.
Routledge Readings on Law, Development and Legal Pluralism
Anonim
Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 2023
Category : Electronic
ISBN : 1032468475
Routledge Readings on Law, Development and Legal Pluralism by Anonim Pdf
Journal of Legal Pluralism and Unofficial Law
Melanie G. Wiber,Helene Maria Kyed
Author : Melanie G. Wiber,Helene Maria Kyed
Publisher : LIT Verlag Münster
Page : 285 pages
File Size : 41,9 Mb
Release : 2012-06-06
Category : Law
ISBN : 9783643998736
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)
Legal Pluralism
M. B. Hooker
Author : M. B. Hooker
Publisher : Oxford : Clarendon Press
Page : 634 pages
File Size : 42,5 Mb
Release : 1975
Category : Language Arts & Disciplines
ISBN : UCAL:B4918616
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.
The Oxford Handbook of Empirical Legal Research
Peter Cane,Herbert Kritzer
Author : Peter Cane,Herbert Kritzer
Publisher : OUP Oxford
Page : 1112 pages
File Size : 53,6 Mb
Release : 2012-05-17
Category : Law
ISBN : 9780191635434
The Oxford Handbook of Empirical Legal Research by Peter Cane,Herbert Kritzer Pdf
The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.
Legal Pluralism in Indonesia
Ratno Lukito
Author : Ratno Lukito
Publisher : Routledge
Page : 290 pages
File Size : 48,5 Mb
Release : 2013
Category : Law
ISBN : 9780415673426
Legal Pluralism in Indonesia by Ratno Lukito Pdf
With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.
Contending Orders
Geoffrey Swenson
Author : Geoffrey Swenson
Publisher : Oxford University Press
Page : 289 pages
File Size : 55,9 Mb
Release : 2022-10-14
Category : Political Science
ISBN : 9780197530443
Contending Orders by Geoffrey Swenson Pdf
In most countries, it is the norm for state courts to operate alongside powerful non-state justice systems, whose roots lie in custom, religion, or tradition. Indeed, non-state justice is frequently the dominant form of legal order. In the developing world, an estimated 80 to 90 percent of disputes are handled outside the state justice system, and nearly all post-conflict states feature extensive legal pluralism because of the weak institutions and contested authority endemic to conflict and post-conflict states. Yet the role of legal pluralism is frequently misunderstood and when different justice systems clash, prolonged, potentially even violent conflict, can result. In Contending Orders, Geoffrey Swenson proposes a new way to understand how state and non-state authorities interact by exploring the full range of legally pluralist environments-combative, competitive, cooperative, and complementary. Drawing upon insights from Afghanistan and Timor-Leste, two countries with extensive legal pluralism, he identifies and critically examines commonly used strategies in legally pluralistic environments. Swenson also illustrates how national and international actors can better engage non-state justice systems. Further, Swenson shows how multiple justice systems can not only co-exist but work together to contribute to the development of a democratic state bound by the rule of law. It is not enough to merely recognize that legal pluralism exists; scholars and policymakers must understand how legal pluralism actually functions. Contending Orders both analyzes the forces that are shaping the relationship between the state and non-state justice worldwide and offers policy strategies to promote the rule of law and good governance wherever legal pluralism thrives.
Global Legal Pluralism
Paul Schiff Berman
Author : Paul Schiff Berman
Publisher : Cambridge University Press
Page : 357 pages
File Size : 45,8 Mb
Release : 2012-02-27
Category : Law
ISBN : 9780521769822
Global Legal Pluralism by Paul Schiff Berman Pdf
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
The Oxford Handbook of Global Legal Pluralism
Paul Schiff Berman
Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 40,6 Mb
Release : 2020-09-24
Category : Law
ISBN : 9780197516744
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"--
Research Handbook on Legal Pluralism and EU Law
Gareth Davies,Matej Avbelj
Author : Gareth Davies,Matej Avbelj
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 49,6 Mb
Release : 2018
Category : Electronic
ISBN : 9781786433091
Research Handbook on Legal Pluralism and EU Law by Gareth Davies,Matej Avbelj Pdf
The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.
Pluralism and Development
Hanri Mostert,Thomas Bennett
Author : Hanri Mostert,Thomas Bennett
Publisher : Unknown
Page : 344 pages
File Size : 54,8 Mb
Release : 2012
Category : Customary law
ISBN : 0702195324
Pluralism and Development by Hanri Mostert,Thomas Bennett Pdf
The book provides a collection of papers presented at a conference held at the University of Cape Town in 2010. Most of the papers are dealing with land issues in Africa.