Dialogues On Human Rights And Legal Pluralism


Dialogues On Human Rights And Legal Pluralism
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Dialogues On Human Rights And Legal Pluralism


Dialogues On Human Rights And Legal Pluralism
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Author : René Provost
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-08-10

Dialogues On Human Rights And Legal Pluralism written by René Provost and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-10 with Law categories.


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.



Dialogues On Human Rights And Legal Pluralism


Dialogues On Human Rights And Legal Pluralism
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Author : René Provost
language : en
Publisher:
Release Date : 2012

Dialogues On Human Rights And Legal Pluralism written by René Provost and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.


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' 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



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.



Human Rights And Legal Pluralism


Human Rights And Legal Pluralism
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Author : Yüksel Sezgin
language : en
Publisher: LIT Verlag Münster
Release Date : 2011

Human Rights And Legal Pluralism written by Yüksel Sezgin and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Human rights categories.


'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.



Declarations Of Interdependence


Declarations Of Interdependence
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Author : Professor Kirsten Anker
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2014-10-28

Declarations Of Interdependence written by Professor Kirsten Anker and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-28 with Law categories.


This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation. With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of scholarship in addition to legal theory, from philosophy, literary studies, anthropology, social theory, Indigenous studies and art. As a contribution to legal theory, the study advances legal pluralist approaches not just by imagining a way to ‘make space for’ Indigenous legal traditions, but by actually working with their insights in building theory. The book will be of value to students and researchers interested in Indigenous rights as well as those working in the areas of socio-legal studies, legal pluralism and law and cultural diversity.



Practicing Ethnography In Law


Practicing Ethnography In Law
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Author : J. Starr
language : en
Publisher: Springer
Release Date : 2016-04-30

Practicing Ethnography In Law written by J. Starr and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-30 with Social Science categories.


Practicing Ethnography in Law brings together a selection of top scholars in legal anthropology, social sciences, and law to delineate the state of the art in ethnographic research strategies. Each of these original essays addresses a particular set of analytical problems and uses these problems to explore issues of ethnographic technique, research methodology, and the theoretical underpinnings of ethnographic legal studies. Subjects explored include the relationship between legal and feminist scholarship, between law and the media, law and globalization, and the usefulness of a wide variety of research techniques: comparative, linguistic, life-history, interview, and archival. This volume will serve as a guide for students who are designing their own research projects, for scholars who are newly exploring the possibilities of ethnographic research, and for experienced ethnographers who are engaged with methodological issues in light of current theoretical developments. The book will be essential reading for courses in anthropological methods, legal anthropology, and sociology and law.



Pluralism And Law


Pluralism And Law
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Author : International Association for Philosophy of Law and Social Philosophy. World Congress
language : en
Publisher: Franz Steiner Verlag
Release Date : 2004

Pluralism And Law written by International Association for Philosophy of Law and Social Philosophy. World Congress and has been published by Franz Steiner Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.


Contents Brenda M. Baker: Will Kymlicka on Minority Cultures and their Entitlements - Patricia Smith: Legal Reason, Human Rights and Plural Values - B. de Castro Cid: Some paradoxes about collective human rights - Winfried Brugger: The Common Good and Pluralism in the Modern Constitutional State - Carla M. Zoethout: Does the multicultural Society Require New Human Rights? An Appeal to the Ideal of Constitutional Democracy - Valentin Petev: Legal Ought and Moral Ought in a Pluralistic Society - John Mikhail: Islamic Rationalism and the Foundation of Human Rights - Kamal Hossain: Pluralism and the Law, Evolving legal frameworks for change in Muslim societies: some reflections - Kate McMillan: Non-indigenous minority rights in the neo-liberal state: the New Zealand experience - Agnes T. M. Schreiner: Observing the differences - Christoph Eberhard / Nidhi Gupta: Towards a Pluralist and Intercultural Approach to Law: Tackling the Challenge of Women's Rights in India - Cees Maris / Sawitri Saharso: Honour Killing: A Case for Cultural Defence? - Albie Sachs: Towards the Revitalisation of Customary Law in an Egalitarian Constitutional Democracy - Christa Rautenbach: Legal Pluralism versus Gender Equality: The South African Scenario - Marek Smolak: Lustration and Reconciliation. Polish and South African experience - Luiz Fernando Coelho: The Future of Law and the Remembrance of the Future - Stephen C. Hicks: Spirit and Law: the legal person in a post-modern, global, hi-tech world - Barry J. Rodger: Globalisation and the Depoliticisation of Competition Law - David Castle: Legal Ontology and the Conservation of Biodiversity - Keith Culver: Returning to Normal: Can Corrective Justice Be Achieved When Genetically Modified Salmon Escape and Do Damage? - Willemien du Plessis / Johan Nel: Environmental Framework Law: a strategy towards integrating pluralistic legislation - Kimmo Nuotio: Making Sense of the aeInternational' and the aeRegional' in Criminal Law and Criminal Policy.



Normative Pluralism And Human Rights


Normative Pluralism And Human Rights
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Author : Kyriaki Topidi
language : en
Publisher: Routledge
Release Date : 2018-06-13

Normative Pluralism And Human Rights written by Kyriaki Topidi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-13 with Law categories.


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.



Pluralism And Law


Pluralism And Law
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Author : A. Soeteman
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17

Pluralism And Law written by A. Soeteman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-17 with Philosophy categories.


What can we say about justice in a pluralist world? Is there some universal justice? Are there universal human rights? What is the function of the state in the modern world? Such are the problems dealt with by the 20th world congress of the International Association for Philosophy of Law and Social Philosophy (Amsterdam, June 2001) and published in this book, which is for legal and social philosophers, students of human rights, and political philosophers.



Pluralism And Law State Nation Community Civil Society


Pluralism And Law State Nation Community Civil Society
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Author : International Association for Philosophy of Law and Social Philosophy. World Congress
language : en
Publisher: Franz Steiner Verlag
Release Date : 2003

Pluralism And Law State Nation Community Civil Society written by International Association for Philosophy of Law and Social Philosophy. World Congress and has been published by Franz Steiner Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.


Contents Luigi Ferrajoli: Past and Future of the State under Law u Mauro Zamboni: oRechtsstaato: What is it that Swedish development assistance, organisatons oexporto? u Hans Gribnau: Legal Principles and Legislative Instrumentalism u Maria Jose Falcon y Tella: Justified Illegality: The Question of Civil Disobedience u Hideo Sasakura: How should we discuss the Right of Resistance today? u K. Papageorgiou: Nations, persons, rights and responsibilities u M.N.S. Sellers: The Right to Secede u Stephan Kirste: Constitution and Time u Nicholas Aroney: Towards a General Theory of the Formation and Amendment of Federal Constitutions: A Comparative Study u Adriaan Anderson: Prosecuting Crime in a Constitutional State: The Recent South African Experience u Luis Villar-Borda: The Role of the Constitutional Court in the Advance of Law in a Developing Country u Marcela Forero: Colombia: a Multisovereignty State u Samuli Hurri: What of Tomorrow's Citizenship? Universal and Politics in Hannah Arendt and Jurgen Habermas u Marcelo Campos Galuppo: Constitutional Hermeneutics and Pluralism u Francoise Michaut: Pluralism in Law in Robert Cover's Writings u E. A. Huppes-Cluysenaer: Informal Rules do not Exist u Niels F. van Manen: The legal recognition of distinct communities u Peter Koller: Law and Virtue u Carl Lebeck: Coercion, co-ordination and normativity - towards a refined distinction between positive and negative rights u Sheldon Wein: Moral Pluralism and the Rule of Law.