Legal Pluralism And Development
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Author |
: Brian Z. Tamanaha |
Publisher |
: Cambridge University Press |
Total Pages |
: 271 |
Release |
: 2012-05-28 |
ISBN-10 |
: 9781107019409 |
ISBN-13 |
: 1107019400 |
Rating |
: 4/5 (09 Downloads) |
Synopsis Legal Pluralism and Development by : Brian Z. Tamanaha
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.
Author |
: Brian Z. Tamanaha |
Publisher |
: Cambridge University Press |
Total Pages |
: 271 |
Release |
: 2012-05-28 |
ISBN-10 |
: 9781107379589 |
ISBN-13 |
: 110737958X |
Rating |
: 4/5 (89 Downloads) |
Synopsis Legal Pluralism and Development by : Brian Z. Tamanaha
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. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development.
Author |
: Ghislain Otis |
Publisher |
: Taylor & Francis |
Total Pages |
: 234 |
Release |
: 2022-07-15 |
ISBN-10 |
: 9781000609127 |
ISBN-13 |
: 100060912X |
Rating |
: 4/5 (27 Downloads) |
Synopsis Applied Legal Pluralism by : Ghislain Otis
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.
Author |
: Brian Z. Tamanaha |
Publisher |
: Oxford University Press |
Total Pages |
: 208 |
Release |
: 2021-03-03 |
ISBN-10 |
: 9780190861582 |
ISBN-13 |
: 0190861584 |
Rating |
: 4/5 (82 Downloads) |
Synopsis Legal Pluralism Explained by : Brian Z. Tamanaha
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.
Author |
: |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2012 |
ISBN-10 |
: OCLC:874832828 |
ISBN-13 |
: |
Rating |
: 4/5 (28 Downloads) |
Synopsis Legal Pluralism and International Development Interventions by :
Author |
: |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2023 |
ISBN-10 |
: 1032468475 |
ISBN-13 |
: 9781032468471 |
Rating |
: 4/5 (75 Downloads) |
Synopsis Routledge Readings on Law, Development and Legal Pluralism by :
Author |
: Paul Schiff Berman |
Publisher |
: Oxford University Press, USA |
Total Pages |
: 1133 |
Release |
: 2020-09-24 |
ISBN-10 |
: 9780197516744 |
ISBN-13 |
: 0197516742 |
Rating |
: 4/5 (44 Downloads) |
Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author |
: Rajendra Pradhan |
Publisher |
: |
Total Pages |
: 495 |
Release |
: 2002 |
ISBN-10 |
: OCLC:834390997 |
ISBN-13 |
: |
Rating |
: 4/5 (97 Downloads) |
Synopsis Legal Pluralism and Unofficial Law in Social, Economic and Political Development by : Rajendra Pradhan
Author |
: Alex Green |
Publisher |
: Routledge |
Total Pages |
: 0 |
Release |
: 2024 |
ISBN-10 |
: 0367487136 |
ISBN-13 |
: 9780367487133 |
Rating |
: 4/5 (36 Downloads) |
Synopsis Legal Pluralism by : Alex Green
This book examines the development and fundamental nature of legal pluralism. Legal pluralism evokes two distinctions: 'state' vs 'non-state' law; and 'law' vs 'non-law'. As such, although this book focuses upon circumstances in which two or more legal orders compete to govern the same social space, it also addresses the nature of law in general. Drawing on material conflicts arising within jurisdictions such as Australia, Burundi, Cameroon, Gambia, the United States, and Zambia, this book explores the conceptual, moral, and political challenges that legal pluralism creates. Emphasising that non-state law carries no less dignity than that often ascribed to the legal orders of contemporary states, it advances a theoretically sophisticated argument in favour of recognising and respecting genuine cases of legal pluralism, wherever they arise. Accessible and thought provoking, this book will appeal to legal scholars, anthropologists, sociologists, and political and social philosophers as well as practising lawyers, judges, and policymakers who deal with issues of legal pluralism.
Author |
: Melvil Pereira |
Publisher |
: Taylor & Francis |
Total Pages |
: 294 |
Release |
: 2017-07-28 |
ISBN-10 |
: 9781351403665 |
ISBN-13 |
: 1351403664 |
Rating |
: 4/5 (65 Downloads) |
Synopsis Legal Pluralism and Indian Democracy by : Melvil Pereira
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.