Legal Pluralism Explained
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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.
Ubiquitous Law
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Author : Emmanuel Melissaris
language : en
Publisher: Routledge
Release Date : 2016-02-17
Ubiquitous Law written by Emmanuel Melissaris and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-17 with Law categories.
Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal has been biased by the implicit or explicit presupposition of the State's exclusivity to a claim to legality as well as the tendency to make the enquiry into the law the task of experts, who purport to be able to represent the legal community's commitments in an authoritative manner. Very worryingly, the experts' point of view then becomes constitutive of the law and parasitic to and distortive of people's commitments. Ubiquitous Law counter-suggests a new methodology for legal theory, which will not be based on rigid epistemological and normative assumptions but rather on self-reflection and mutual understanding and critique, so as to establish acceptable differences on the basis of a commonality.
The Dynamics Of Law And Morality
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Author : Wibren van der Burg
language : en
Publisher: Routledge
Release Date : 2016-03-23
The Dynamics Of Law And Morality written by Wibren van der Burg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Law categories.
This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.
Religious Rules State Law And Normative Pluralism A Comparative Overview
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Author : Rossella Bottoni
language : en
Publisher: Springer
Release Date : 2016-07-07
Religious Rules State Law And Normative Pluralism A Comparative Overview written by Rossella Bottoni and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-07 with Law categories.
This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.
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"--
An Introduction To Legal Pluralism
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Author : Susan C. Hascall
language : en
Publisher: Lund Humphries Publishers
Release Date : 2015-04-28
An Introduction To Legal Pluralism written by Susan C. Hascall and has been published by Lund Humphries Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-28 with categories.
The Unity Of Law An Illusion
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Author : Jørgen Dalberg-Larsen
language : en
Publisher:
Release Date : 2000
The Unity Of Law An Illusion written by Jørgen Dalberg-Larsen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Legal Pluralism In Conflict
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Author : Prakash Shah
language : en
Publisher: Routledge
Release Date : 2016-09-17
Legal Pluralism In Conflict written by Prakash Shah and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-17 with Law categories.
Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.
Legal Polycentricity
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Author : Hanne Petersen
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1995
Legal Polycentricity written by Hanne Petersen and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
The Regulation of Euthanasia
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
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 with Electronic books categories.
This volume brings together leading scholars from around the world to analyze all aspects of legal pluralism, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Volume editor Paul Schiff Berman introduces every chapter, framing the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced