Legal Pluralism In Action

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Legal Pluralism in Action

Dr Latif Tas
Legal Pluralism in Action Book PDF

Author : Dr Latif Tas
Publisher : Ashgate Publishing, Ltd.
Page : 223 pages
File Size : 41,5 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.

Applied Legal Pluralism

Ghislain Otis,Jean Leclair,Sophie Thériault
Applied Legal Pluralism Book PDF

Author : Ghislain Otis,Jean Leclair,Sophie Thériault
Publisher : Taylor & Francis
Page : 234 pages
File Size : 54,8 Mb
Release : 2022-07-15
Category : Law
ISBN : 9781000609127

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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 in Action

Latif Tas
Legal Pluralism in Action Book PDF

Author : Latif Tas
Publisher : Routledge
Page : 222 pages
File Size : 44,6 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317106159

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Legal Pluralism in Action by 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.

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 : 50,5 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"--

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 : 55,5 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.

Legal Pluralism Explained

Brian Z. Tamanaha
Legal Pluralism Explained Book PDF

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
Page : 208 pages
File Size : 45,9 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

Latif Tas
Legal Pluralism in Action Book PDF

Author : Latif Tas
Publisher : Routledge
Page : 222 pages
File Size : 42,9 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317106142

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Legal Pluralism in Action by 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.

Power and Pluralism in International Law

Edward S. Cohen
Power and Pluralism in International Law Book PDF

Author : Edward S. Cohen
Publisher : Routledge
Page : 189 pages
File Size : 51,5 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781000554205

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Power and Pluralism in International Law by Edward S. Cohen Pdf

Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.

Ubiquitous Law

Emmanuel Melissaris
Ubiquitous Law Book PDF

Author : Emmanuel Melissaris
Publisher : Routledge
Page : 178 pages
File Size : 46,9 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.

Legal Pluralism in Conflict

Prakash Shah
Legal Pluralism in Conflict Book PDF

Author : Prakash Shah
Publisher : Routledge
Page : 213 pages
File Size : 44,9 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.

Legal Pluralism and Empires, 1500-1850

Lauren Benton,Richard J. Ross
Legal Pluralism and Empires 1500 1850 Book PDF

Author : Lauren Benton,Richard J. Ross
Publisher : NYU Press
Page : 325 pages
File Size : 40,7 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.

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 : 40,7 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.

Non-State Justice Institutions and the Law

M. Kötter,T. Röder,F. Schuppert,R. Wolfrum
Non State Justice Institutions and the Law Book PDF

Author : M. Kötter,T. Röder,F. Schuppert,R. Wolfrum
Publisher : Springer
Page : 252 pages
File Size : 42,9 Mb
Release : 2015-02-02
Category : Political Science
ISBN : 9781137403285

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Non-State Justice Institutions and the Law by M. Kötter,T. Röder,F. Schuppert,R. Wolfrum Pdf

This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.

Jurisprudence in a Globalized World

Jorge Luis Fabra-Zamora
Jurisprudence in a Globalized World Book PDF

Author : Jorge Luis Fabra-Zamora
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 47,5 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788974424

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Jurisprudence in a Globalized World by Jorge Luis Fabra-Zamora Pdf

Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.

Beyond Constitutionalism

Nico Krisch
Beyond Constitutionalism Book PDF

Author : Nico Krisch
Publisher : Oxford University Press, USA
Page : 383 pages
File Size : 53,6 Mb
Release : 2010-10-28
Category : Law
ISBN : 9780199228317

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Beyond Constitutionalism by Nico Krisch Pdf

Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.