Legal Pluralism In Conflict

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Legal Pluralism in Conflict

Prakash Shah
Legal Pluralism in Conflict Book PDF

Author : Prakash Shah
Publisher : Routledge
Page : 213 pages
File Size : 54,5 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.

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 : 52,6 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 and Indian Democracy

Melvil Pereira,Bitopi Dutta,Binita Kakati
Legal Pluralism and Indian Democracy Book PDF

Author : Melvil Pereira,Bitopi Dutta,Binita Kakati
Publisher : Taylor & Francis
Page : 294 pages
File Size : 46,8 Mb
Release : 2017-07-28
Category : Social Science
ISBN : 9781351403665

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Legal Pluralism and Indian Democracy by Melvil Pereira,Bitopi Dutta,Binita Kakati Pdf

This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book: charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region; explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law’s continuing popularity (both pragmatic and ideological) and common law; brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women’s rights. Part of the prestigious ‘Transition in Northeastern India’ series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.

Conflict, Negotiations and Natural Resource Management

Maarten Bavinck,Amalendu Jyotishi
Conflict Negotiations and Natural Resource Management Book PDF

Author : Maarten Bavinck,Amalendu Jyotishi
Publisher : Routledge
Page : 200 pages
File Size : 50,8 Mb
Release : 2014-10-17
Category : Business & Economics
ISBN : 9781135048990

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Conflict, Negotiations and Natural Resource Management by Maarten Bavinck,Amalendu Jyotishi Pdf

Conflicts over natural resources abound in India, where much of the population is dependent on these resources for their livelihoods. Issues of governance and management are complicated by the competing claims of parallel legal systems, including state, customary, religious, project and local laws. Whereas much has been written about property rights, this unique collection takes a legal anthropological perspective to explore how the coexistence and interaction between multiple legal orders provide bases for claiming property rights. It examines how hybrid legal institutions have developed over time in India and how these impact on justice in the governance and distribution of natural resources. The book brings together original case studies that offer fresh perspectives on the governance of forests, water, fisheries and agricultural land in a diverse range of social and spatial contexts. This brand new research provides a timely and persuasive overview of the fundamental role of parallel legal systems in shaping how people manage natural resources. It will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.

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 : 47,7 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.

Global Legal Pluralism

Paul Schiff Berman
Global Legal Pluralism Book PDF

Author : Paul Schiff Berman
Publisher : Cambridge University Press
Page : 357 pages
File Size : 41,9 Mb
Release : 2012-02-27
Category : Law
ISBN : 9781107376915

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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.

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 : 40,7 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.

Conflict, Negotiations and Natural Resource Management

Maarten Bavinck,Amalendu Jyotishi
Conflict Negotiations and Natural Resource Management Book PDF

Author : Maarten Bavinck,Amalendu Jyotishi
Publisher : Routledge
Page : 239 pages
File Size : 51,9 Mb
Release : 2014-10-17
Category : Business & Economics
ISBN : 9781135048983

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Conflict, Negotiations and Natural Resource Management by Maarten Bavinck,Amalendu Jyotishi Pdf

Conflicts over natural resources abound in India, where much of the population is dependent on these resources for their livelihoods. Issues of governance and management are complicated by the competing claims of parallel legal systems, including state, customary, religious, project and local laws. Whereas much has been written about property rights, this unique collection takes a legal anthropological perspective to explore how the coexistence and interaction between multiple legal orders provide bases for claiming property rights. It examines how hybrid legal institutions have developed over time in India and how these impact on justice in the governance and distribution of natural resources. The book brings together original case studies that offer fresh perspectives on the governance of forests, water, fisheries and agricultural land in a diverse range of social and spatial contexts. This brand new research provides a timely and persuasive overview of the fundamental role of parallel legal systems in shaping how people manage natural resources. It will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.

Contending Legal Orders

Geoffrey Jon Swenson
Contending Legal Orders Book PDF

Author : Geoffrey Jon Swenson
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 2022
Category : Afghanistan
ISBN : 0197530451

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Contending Legal Orders by Geoffrey Jon Swenson Pdf

"examines how the rule of law is understood conceptually and pragmatically-both on its own terms and as part of post-conflict state-building efforts. It examines thinner, more process-orientated understandings of the rule of law as well as thicker, more substantive conceptualizations with additional political, social, and economic components. While both approaches are worthwhile, I argue that a minimalist conception of rule of law offers the most appropriate standard for assessing progress in judicial state-building after conflict"--

Normative Pluralism and Human Rights

Kyriaki Topidi
Normative Pluralism and Human Rights Book PDF

Author : Kyriaki Topidi
Publisher : Routledge
Page : 284 pages
File Size : 43,7 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.

Contending Orders

Geoffrey Swenson
Contending Orders Book PDF

Author : Geoffrey Swenson
Publisher : Oxford University Press
Page : 289 pages
File Size : 48,8 Mb
Release : 2022-10-14
Category : Political Science
ISBN : 9780197530443

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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.

Promoting the Rule of Law in Post-Conflict States

Laura Grenfell
Promoting the Rule of Law in Post Conflict States Book PDF

Author : Laura Grenfell
Publisher : Cambridge University Press
Page : 331 pages
File Size : 40,5 Mb
Release : 2013-07-11
Category : Law
ISBN : 9781107067516

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Promoting the Rule of Law in Post-Conflict States by Laura Grenfell Pdf

In most post-conflict states, a strong level of legal pluralism is the norm, particularly in regions of Africa and Asia where between eighty and ninety per cent of disputes are resolved through non-state legal mechanisms. The international community, in particular the United Nations, persistently drives the re-establishment of the rule of law in war-torn areas where, traditionally, customary law is prevalent. Laura Grenfell traces the international community's evolving understanding of the rule of law in such regions and explores the implications of strong legal pluralism for the rule-of-law enterprise. Using the comparative examples of two unique case studies, South Africa and Timor-Leste, Promoting the Rule of Law in Post-Conflict States provides insight into the relationship between the rule of law and legal pluralism. Alongside these studies, the book offers a comprehensive introduction to the conceptual framework of the rule of law in the context of approaches taken by the international community.

Ecological Sensitivity and Global Legal Pluralism

Oren Perez
Ecological Sensitivity and Global Legal Pluralism Book PDF

Author : Oren Perez
Publisher : Bloomsbury Publishing
Page : 308 pages
File Size : 40,9 Mb
Release : 2004-06-30
Category : Law
ISBN : 9781847311016

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Ecological Sensitivity and Global Legal Pluralism by Oren Perez Pdf

The tension between trade liberalisation and environmental protection has received remarkable attention since the establishment of the WTO. It has been the subject of a wide-ranging debate, and is one of the central themes of the anti-globalisation movement. This book explores that debate. It argues that by focusing on the WTO, the debate has failed to recognise the institutional and discursive complexity in which the trade-environment conflict is embedded. A legal investigation of this nexus requires a framework of inquiry, in which this complexity can be elucidated - a model of global legal pluralism. The first theoretical part of the book (Chapters One and Two) responds to this challenge by developing a pluralistic model, which recognises the trade and environment conflict as the product of multiple dilemmas, constituted and negotiated by a myriad of institutional and discursive networks. As such, this conflict cannot be understood or addressed through one-dimensional models. Viewing the trade-environment conflict through a pluralistic perspective yields important practical insights. It means that this conflict cannot be resolved by uniform economic or legal formulae. Dealing with this conflict requires, rather, polycentric and contextual strategy. The empirical part of the book (Chapters Three to Seven) explicates this thesis by examining several global legal domains, ranging from the WTO to 'private' transnational regimes such as transnational litigation, international construction law and international financial law. This part demonstrates how the different discursive and institutional structures of these domains have influenced the contours of the trade-environment conflict, and considers the policy implications of this diversity from a pro-environmental perspective.

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 : 41,9 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.

Authorities

Nicole Roughan
Authorities Book PDF

Author : Nicole Roughan
Publisher : Oxford University Press
Page : 277 pages
File Size : 40,7 Mb
Release : 2013-09
Category : Law
ISBN : 9780199671410

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Authorities by Nicole Roughan Pdf

The interaction between state, transnational and international law is overlapping and often conflicting. Yet despite this messiness and multiplicity, law still creates obligations for its subjects. Despite its plurality, law still claims some kind of authority. The implications of this plurality of law can be troubling. It generates uncertainty for law-users over which law they are bound by, or for law-makers over the limits of their authority. Thus the practical problem is not plurality of law in itself, rather confusion over law's authority in such pluralist circumstances. Roughan argues that understanding authority in such pluralist circumstances requires a new conception of 'relative authority.' This book seeks to provide the theoretical tools needed to bring the disciplines examining legal and constitutional pluralism, into more direct engagement with theories of authority, by examining the one practice in which they are all interested: the practice of public authority.