Normative Pluralism And Human Rights

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Normative Pluralism and Human Rights

Author : Kyriaki Topidi
Publisher : Routledge
Page : 284 pages
File Size : 53,8 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.

Human Rights Encounter Legal Pluralism

Author : Giselle Corradi,Eva Brems,Mark Goodale
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 51,6 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781849467711

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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

Author : Yüksel Sezgin
Publisher : LIT Verlag Münster
Page : 203 pages
File Size : 53,9 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.

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

Author : Rossella Bottoni,Rinaldo Cristofori,Silvio Ferrari
Publisher : Springer
Page : 420 pages
File Size : 53,9 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.

Normative Pluralism and International Law

Author : Jan Klabbers,Touko Piiparinen
Publisher : Cambridge University Press
Page : 369 pages
File Size : 43,7 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.

Dialogues on Human Rights and Legal Pluralism

Author : René Provost,Colleen Sheppard
Publisher : Springer Science & Business Media
Page : 293 pages
File Size : 46,9 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.

The Oxford Handbook of Transnational Law

Author : Peer Zumbansen
Publisher : Oxford University Press
Page : 1246 pages
File Size : 51,6 Mb
Release : 2021
Category : Law
ISBN : 9780197547410

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The Oxford Handbook of Transnational Law by Peer Zumbansen Pdf

A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Pluralism and Law

Author : International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher : Franz Steiner Verlag
Page : 214 pages
File Size : 44,5 Mb
Release : 2003
Category : Social Science
ISBN : 3515083278

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Pluralism and Law by International Association for Philosophy of Law and Social Philosophy. World Congress Pdf

Contents: Arend Soeteman: Introduction - Edmund Abegg: Justice and the Intrinsic Value of Humans - Caridad Velarde: Universalism in Contemporary Human Rights Theory - Marijan Pavcnik: Gleichheit als rechtlicher Kern der Gerechtigkeit, Gerechtigkeitsma�st�be und Recht - Jos� Rubio-Carracedo: Differentiated Universalization of Human Rights - Ashok Gaur: Human Rights: Dimensions and Challenges - Martin Borowski: Religious Freedom as a Fundamental Legal Right, A Rawlsian Perspective - J�rg Paul Mueller: Is freedom of conscience still a topic? - Burton M. Leiser: The Right to Immigrate and the Right to Exclude Immigrants - J.W. Harris: Rights and Resources - Libertarians and the Right to Life - Hans-Rudolf Horn: The Scope of Human and Social Rights in the Global Economic System - Isabel Trujillo P�rez: Partiality and Distributive Justice - Haig Khatchadourian: Merit as a Canon of Distributive Justice - Francesco Biondo: Conception of the person and currency of distributive justice in Van Parijs and Sen - Carlos Kohn Wacher: Hannah Arendt's Concept of Solidarity as a Criticism to Liberalism - Mikko Wennberg: Contract Law as a Response to Contract Failures: When Contracting Fails? - Hendrik Kaptein: Just Criminal Lawyers? Professional ethics and problems of punitive justice: restorative perspectives - Joan McGregor: The Law's Treatment of Rape as Expressing the Inequality of Women - David A. Reidy: The Justification of Hate Crimes Laws: The Argument from Group-Based Oppression - Alexandra George: The Problem of Property in Human Body Parts - Laura Palazzani: Person and Human Being in Bioethics and Biolaw - Jan Swanepoel: The Equality Jurisprudence Developed by South Africa's Constitutional Court since 1994 - Nikolas Roos: Fundamental Rights, European Identity and Law as a Way to Survive.

Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Cambridge University Press
Page : 357 pages
File Size : 54,9 Mb
Release : 2012-02-27
Category : Law
ISBN : 9780521769822

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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.

Normative Plurality in International Law

Author : Carlos Iván Fuentes
Publisher : Springer
Page : 240 pages
File Size : 53,7 Mb
Release : 2016-09-02
Category : Law
ISBN : 9783319439297

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Normative Plurality in International Law by Carlos Iván Fuentes Pdf

This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

Towards Convergence in International Human Rights Law

Author : Carla M. Buckley,Alice Donald,Philip Leach
Publisher : BRILL
Page : 685 pages
File Size : 50,9 Mb
Release : 2016-11-10
Category : Law
ISBN : 9789004284258

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Towards Convergence in International Human Rights Law by Carla M. Buckley,Alice Donald,Philip Leach Pdf

In this edited collection, leading jurists and scholars examine how far regional and international human rights bodies borrow from and influence each other in their decisions and practices – and whether international human rights law is heading towards fragmentation or greater coherence.

Human Rights in a Pluralist World

Author : J. Berting
Publisher : Unknown
Page : 288 pages
File Size : 52,7 Mb
Release : 1990
Category : Political Science
ISBN : STANFORD:36105044361157

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Human Rights in a Pluralist World by J. Berting Pdf

Based on two international conferences on human rights (sponsored, in part, by UNESCO): the first was held in Maastricht, the Netherlands, Sept. 1987; the second in Middleburg, the Netherlands, June 1988. The major objective of the conferences was to undertake a systematic analysis of the title topic in order to increase understanding of the issues in different cultural, religious, and socioeconomic contexts. The 21 contributions are not indexed, nor is a coherent bibliography provided. Annotation copyrighted by Book News, Inc., Portland, OR

Legal Polycentricity

Author : Hanne Petersen,Henrik Zahle
Publisher : Dartmouth Publishing Company
Page : 256 pages
File Size : 42,8 Mb
Release : 1995
Category : Law
ISBN : STANFORD:36105060552739

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Legal Polycentricity by Hanne Petersen,Henrik Zahle Pdf

The Regulation of Euthanasia

Beyond Constitutionalism

Author : Nico Krisch
Publisher : Oxford University Press, USA
Page : 383 pages
File Size : 45,7 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.

Personal Autonomy in Plural Societies

Author : Marie-Claire Foblets,Michele Graziadei,Alison Dundes Renteln
Publisher : Routledge
Page : 413 pages
File Size : 55,7 Mb
Release : 2017-11-22
Category : Law
ISBN : 9781315413594

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Personal Autonomy in Plural Societies by Marie-Claire Foblets,Michele Graziadei,Alison Dundes Renteln Pdf

This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person’s freedom to renounce what others view as his or her fundamental ‘human rights’? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual’s acts. Second, in a society characterized by ‘weak pluralism’, the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called ‘guardian function’ of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning.