The Journal Of Legal Pluralism And Unofficial Law 64 2012
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The Journal of Legal Pluralism and Unofficial Law 64/2012 by Melanie G. Wiber Pdf
This volume includes contributions to the Jubilee Congress of the Commission on Legal Pluralism, held in Cape Town, South Africa, in September 2011. The papers represent several themes and topics, including: gender (women's access to justice in Pemba City; Islamic dress and the rights discourse in Europe), legal reform (African legal architecture; laws in the Pacific Island states), and science and technology (seafood traceability; food governance). Also included are two plenary presentations (the relationship between legal pluralism and governance; recent paradigms in research in legal pluralism). (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 64)
The Journal of Legal Pluralism and Unofficial Law 65/2012 by M. G. Wiber Pdf
This volume includes the following contributions: All Law Is Plural: Legal Pluralism and the Distinctiveness of Law * Plural Legal Orders of Land Use * Could Singapore's Legal Pluralism Work in Australia? * Substantive Equality and Maternal Mortality in Nigeria * An Institutional Perspective on Courts of Law in Colonial and Postcolonial Settings * Comparative Law at the Intersection of Religious and Secular Orders (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 65)
Author : John C Kricher Publisher : Fred B Rothman & Company Page : 128 pages File Size : 54,5 Mb Release : 1988-12-01 Category : Electronic ISBN : 0837790921
The Journal of Legal Pluralism and Unofficial Law 61/2010 by Gordon R. Woodman,Fauzia Shariff Pdf
This volume examines dynamics of legal pluralism and explores the varied ways in which constellations of legal pluralism play out in social life. It aims to bridge the social and theoretical space between small-scale case studies and abstract generalisation. The introduction provides an overview of developments in the field of legal pluralism and offers an analytical perspective on the dynamics of the maintenance of and change in constellations of legal pluralism. Contributions examine situations in which the state is seen as remote from local settings and others in which local populations are actively engaged in widening the scope and validity of state law. By focusing on historical developments and the fault-lines of rapid political change in both post-socialist and post-authoritarian states, the volume shows that legal legacies of the past continue to have an impact. Authors look at the social significance of the various, and sometimes competing, types of law which religious and secular transnational actors introduce into local settings.
Legal Pluralism and Governance in South Asia and Diasporas by Livia Holden Pdf
Legal Pluralism and Governance in South Asia and the Diasporas contributes to the already heated debate about legal pluralism and the ontology of law by shifting the attention toward the relationship between what is treated as law and its impact on governance at the fora of dispute resolution. This book addresses sensitive issues such as gender rights and alternative dispute resolution in India, Hindu and Muslim personal laws in South Asia and in Europe, cross-border white violence, the change to Islamic legal traditions under Western domination, women’s inheritance in Pakistan and in the disputed territory of Gilgit Baltistan, indigenous rights and resistance at the India-Bangladesh border, and customary laws of nomadic groups in India. The authors deploy a variety of views that point at the pros and cons of legal pluralism and also integrates its opponents. They show how constructions of identity, religion, and power have historically informed the conceptualisation of secularism which may be an ideal, sometimes able to provide for perceptions of accountable governance, but also generating dividing worldviews. This book was published as a special issue of the Journal of Legal Pluralism and Official Law.
Contemporary Issues on Governance, Conflict and Security in Africa by Adeoye O. Akinola Pdf
This edited volume reflects on some of the important discussions on the trends of governance, conflict and security in Africa. It explores some of the emerging concerns and offers a holistic understanding of the remote and immediate causes of the conflict and how the neo-colonial African states have been structured in a manner that makes violent conflict inevitable. The book thereby provides an overview of Africa’s security challenges and proffers some sustainable policy options for curtailing lawlessness and armed conflict on the continent. Literature is exhaustive about the nexus between governance, peace, and security; however, discourse on the impact of ‘new’ conflict on governance has been scant. Understanding these new trends has become a necessity and precondition for sustainable development, as reflected in both the African Union (AU) Agenda 2063 and the United Nations (UN) Sustainable Development Goals (SDGs).
The Oxford Handbook of Global Legal Pluralism by Paul Schiff Berman Pdf
Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Family, Religion and Law by Prakash Shah,Marie-Claire Foblets Pdf
This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.
Community Courts and Postcolonial Legal Pluralism by Tina Lorizzo Pdf
By focusing on the role of community courts in Mozambique, this book offers a postcolonial perspective on legal pluralism. In Mozambique, judicial courts are distant and expensive, and legal terminology is incomprehensible to the majority of people. As such, Mozambicans continue to rely on different normative systems to resolve their disputes – systems that have always been considered to be closer, cheaper and faster than judicial courts. This book analyses the functioning of community courts in the Mozambican capital city of Maputo. As it considers how the past shapes the relationship of the state with community courts, the book uncovers the Eurocentrism of mainstream discourses and practices of criminal justice. In response, it develops a postcolonial account of legal pluralism. By arguing that community courts can therefore be seen as the form of an otherwise neglected local knowledge, the book discusses their overlooked importance in improving widespread access to criminal justice. This book will be of value to scholars working in the areas of legal pluralism and postcolonialism and others with interest in criminal justice.
This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.
Family Dispute Resolution from a Cultural Perspective by Buol Garang Anyieth Juuk Pdf
Family dispute resolution is the central theme of this book. The book contributes to the growing body of research on non-Australian perspectives of South Sudanese settlement in Australia in a unique way; while other researchers have highlighted several of the settlement problems faced by South Sudanese former refugees, none have focused on the important issue of how family law problems are resolved. This book will also make a vital contribution to our understanding of how the Australian legal system works (or does not work) within the context of legal pluralism. Ultimately, this book will strengthen our understanding of social integration and family well-being of South Sudanese families and other groups in Australia.
Private International Law in Nigeria by Chukwuma Okoli,Richard Oppong Pdf
This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.
Rebel Streets and the Informal Economy by Alison Brown Pdf
Street trade is a critical and highly visible component of the informal economy, linked to global systems of exchange. Yet policy responses are dismissive and evictions commonplace. Despite being progressively marginalised from public space, street traders in the global south are engaged in spatial and political battlegrounds to reclaim space, and claim de facto property rights over their place of work, through quiet infiltration, union power, or direct action. This book explores 'rebel streets', the challenges faced by informal economy actors and how organised groups are seeking to reframe legal understandings to create new claims to space and urban rights. The book sets out new thinking and a conceptual framework for improved understanding of the plural relationship between law, rights, and space for the informal economy, the contest between traditional, modernist and rights-based approaches to development, and impacts on the urban working poor. With a focus on street trading, the book seeks to reframe the legal context in which modern informal economies operate, drawing on key areas of academic inquiry and case studies of how vendors are staking claim to urban rights. The book argues for a reconceptualisation of legal instruments to provide a rights-based framework for urban work that recognises the legitimacy of urban informal economies, the scope for collective management of urban resources, and the social value of public space as a site for urban livelihoods. It will be of interest to students and scholars of geography, economics, urban studies, development studies, political studies and law.
Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.
