Archives par mot-clé : Legal Pluralism

Book : Legal pluralism in Central Asia.

Legal pluralism in Central Asia. Local jurisdiction and customary practices

Mahabat Sadyrbek

 

London; New York, NY: Routledge
2018

ISBN : 978-1-13855-176-3

Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan’s predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people’s deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.

 

Table of Contents

 

PART ONE Chapter 1: Introduction, Chapter 2: Legal Pluralism in Kyrgyzstan, Chapter 3: Social Structure and Agency

PART TWO Chapter 4: Concept of Apology and Forgiveness, Chapter 5: Mediation and Negotiation , Chapter 6: Making Amends and Kun-Giving

PART THREE Chapter 7: The State as the Main Form of Ordering , Chapter 8: Eldik sot – People’s Law, Chapter 9: Islam as a Reference

CONCLUSION

BOOK : Popular Culture and Legal Pluralism

Popular Culture and Legal Pluralism: Narrative as Law

Wendy A. Adams

2017 – Routledge

Popular Culture and Legal Pluralism: Narrative as Law (Hardback) book cover

Description

Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse.

The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates.

This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.

Table of Contents

1. Introduction

2. A framework for Re-imagining Law

3. Legal Pluralism as Capacity and Result

4. Obligation and Identity

5. Resistance has Rules

6. Conclusion

References

Index

About the Author

Wendy A. Adams is Associate Professor of Law, McGill University, Canada. Her research interests are in the areas of legal pluralism, law and popular culture, commodification, and human-animal studies. She has published on these and related topics.

Book : Human Rights Encounter Legal Pluralism

Human Rights Encounter Legal Pluralism

Normative and Empirical Approaches

Giselle Corradi, Eva Brems, Mark Goodale (ed.)

ISBN : 9781849467612

Hart Publishing, 2017

Media of Human Rights Encounter Legal Pluralism

About Human Rights Encounter Legal Pluralism

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.

Table Of Contents

INTRODUCTION
1. Human Rights and Legal Pluralism: Four Research Agendas
Giselle Corradi
PART ONE: NORMATIVE APPROACHES
2. Legal Pluralism as a Human Right and/or as a Human Rights Violation
Eva Brems
3. Legal Pluralism and International Human Rights Law: A Multifaceted Relationship
Ellen Desmet
4. Human Rights, Cultural Diversity and Legal Pluralism from an Indigenous Perspective: The Awas Tingni Case
Felipe Gómez Isa
5. Taking the Challenge of Legal Pluralism for Human Rights Seriously
André Hoekema
6. Indigenous Justice and the Right to a Fair Trial
Giselle Corradi

PART TWO: EMPIRICAL APPROACHES
7. Gender, Human Rights and Legal Pluralities in Southern Africa: A Matter of Context and Power
Anne Hellum and Rosalie Katsande
8. Women’s Rights and Transnational Aid Programmes in Niger: The Conundrums and Possibilities of Neoliberalism and Legal Pluralism
Kari B Henquinet
9. Legal Borderlands: Ghanaian Human Rights Advocacy between the Layers of Law
Catherine Buerger
10. Insiders’ Perspectives on Muslim Divorce in Belgium: A Women’s Rights Analysis
Kim Lecoyer
11. Through the Looking Glass of Diversity: The Right to Family Life from the Perspectives of Transnational
Families in Belgium
Barbara Truffi n and Olivier Struelens

Journal : Demystifying Legal Pluralism

Demystifying Legal Pluralism

M. Isabel Garrido Gómez (University of Alcala) has posted Forms of Demystifying Legal Pluralism on SSRN.

Here is the abstract:

Globalization is given impetus by the needs of the global economy and by the unequal distribution of power. And there are new spaces where there are innovating socio-post-materialistic programmes and policies to promote peace, the well-being of the environment, gender and racial equality, that are led by new groups and social movements. These ideas have influence in the new conception of law. In the second part, with the goal of demystifying legal pluralism we study substantive and formal instruments. Finally, we show an formal/substantive instrument that is represented by the equality because the concept has its origin in the creation of a legal and social order in which the independence of the individual could only be obtained by positioning him under the auspices of the legal power of the State, with the concept of independence being linked to a formal system and economic autonomy.

« Forms of Demystifying Legal Pluralism » (November 29, 2017), Jurisprudence & Legal Philosophy eJournal.

Book : Law Reform in Plural Societies

Law Reform in Plural Societies

Lalotoa Mulitalo Ropinisone Silipa Seumanutafa

 Law Reform in Plural Societies. The World of Small States, vol 2. Springer, Cham

Print ISBN 978-3-319-65523-9

 

In England, Australia and Canada, there are records of early attempts to establish law reform machinery dating as far back as the fifteenth century. The systematic process of law reform achieved in the nineteenth century was in the form of temporary and part time law reform commissions. The first formal body established to carry out law reform was the 1934 Law Revision Committee in England appointed by Lord Chancellor Sankey. The institutional Law Commission was established under the Law Commission Act of 1975 to be an independent and permanent office staffed by lawyers and support staff. The early literature on law reform offers useful insights for this book on how the forces of government, the bureaucracy and civil society transform law reform machineries and agencies at a given place and time.

  • First ever to investigate suitable law reform processes for pluralist societies
  • Discusses how a ‘local jurisprudence’ could support law reform
  • Examines codification and restatement in law reform
  • Addresses legal transplants and law reform
  • Describes customary law and state law – accommodation through law reform