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Community Courts And Postcolonial Legal Pluralism


Community Courts And Postcolonial Legal Pluralism
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Community Courts And Postcolonial Legal Pluralism


Community Courts And Postcolonial Legal Pluralism
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Author : Tina Lorizzo
language : en
Publisher:
Release Date : 2024

Community Courts And Postcolonial Legal Pluralism written by Tina Lorizzo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Criminal justice, Administration of categories.


"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 as 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. Arguing that community courts may therefore be seen as the form of an otherwise neglected local knowledge, the book maintains 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, as well as others with interests in criminal justice"--



Legal Pluralism Explained


Legal Pluralism Explained
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Author : Brian Z. Tamanaha
language : en
Publisher: Oxford University Press
Release Date : 2021-03-03

Legal Pluralism Explained written by Brian Z. Tamanaha and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-03 with Law categories.


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.



Community Courts And Postcolonial Legal Pluralism


Community Courts And Postcolonial Legal Pluralism
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Author : Tina Lorizzo
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-02

Community Courts And Postcolonial Legal Pluralism written by Tina Lorizzo and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-02 with Law categories.


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.



Fictions Of Justice


Fictions Of Justice
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Author : Kamari Maxine Clarke
language : en
Publisher: Cambridge University Press
Release Date : 2009-05-25

Fictions Of Justice written by Kamari Maxine Clarke and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-25 with Law categories.


This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.



Legal Pluralism And Shari A Law


Legal Pluralism And Shari A Law
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Author : Adam Possamai
language : en
Publisher: Routledge
Release Date : 2016-04-08

Legal Pluralism And Shari A Law written by Adam Possamai and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Political Science categories.


Legal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Sharī‘a, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Sharī‘a at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens. This book was published as a special issue of Democracy and Security.



Human Rights Encounter Legal Pluralism


Human Rights Encounter Legal Pluralism
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Author : Giselle Corradi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-05-18

Human Rights Encounter Legal Pluralism written by Giselle Corradi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.


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.



African Customary Justice


African Customary Justice
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Author : Pnina Werbner
language : en
Publisher:
Release Date : 2021

African Customary Justice written by Pnina Werbner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Customary law categories.


This book presents an important ethnographic and theoretical advance in legal anthropological scholarship by interrogating customary law, customary courts and legal pluralism in sub-Saharan Africa. It highlights the vitality and continued relevance of customary justice at a time when customary courts have waned or even disappeared in many postcolonial African nations. Taking Botswana as a casestudy from in-depth fieldwork over a fifty-year period, the book shows, the 'customary' is robustly enduring, central to settling interpersonal disputes and constitutive of the local as well as the national public ethics. Customary law continues to be constitutionally protected, authorised by the country's past as an authentic, viable legacy, from the British colonial period of indirect rule, to the postcolony's present development as a highly bureaucratised democracy. Along with a theoretical overview of the underlying issues for the anthropology and sociology of law, the book documents customary law as living law in the context of legal pluralism. It takes a legal realist approach and highlights the need to pay close attention to the lived experience of justice and its role in the production of legal subjectivities. The book will be valuable to Africanists but also, more broadly, to social scientists, social historians and socio-legal scholars with interests in law and social change, public ethics and personal morality, and the intersection of politics and judicial decision-making.



Postcolonial Politics And Personal Laws


Postcolonial Politics And Personal Laws
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Author : Rina Verma Williams
language : en
Publisher: Oxford University Press, USA
Release Date : 2006

Postcolonial Politics And Personal Laws written by Rina Verma Williams and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.


Placing the contemporary discussion on personal laws in India in historical perspective, this important book views the debate as a critical component of Indian democracy. Balancing the imperatives of multiculturalism, national integration, and gender justice, it affirms that there is a complex continuity between the terms of the debate in the postcolonial Indian state and its colonial counterpart.



Legal Pluralism And Development


Legal Pluralism And Development
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Author : Brian Z. Tamanaha
language : en
Publisher: Cambridge University Press
Release Date : 2012-05-28

Legal Pluralism And Development written by Brian Z. Tamanaha and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-28 with Law categories.


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.



The Oxford Handbook Of Global Legal Pluralism


The Oxford Handbook Of Global Legal Pluralism
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Author : Paul Schiff Berman
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-09-24

The Oxford Handbook Of Global Legal Pluralism written by Paul Schiff Berman and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-24 with Law categories.


"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--