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The Oxford Handbook of Global Legal Pluralism

2020-09-24 Law
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Release : 2020-09-24
Genre : Law
Kind : eBook
Book Rating : 742/5 ( reviews)

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Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman. This book was released on 2020-09-24. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Global Legal Pluralism

2012-02-27 Law
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Release : 2012-02-27
Genre : Law
Kind : eBook
Book Rating : 912/5 ( reviews)

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Book Synopsis Global Legal Pluralism by : Paul Schiff Berman

Download or read book Global Legal Pluralism written by Paul Schiff Berman. This book was released on 2012-02-27. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Legal Pluralism and Development

2012-05-28 Law
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Release : 2012-05-28
Genre : Law
Kind : eBook
Book Rating : 400/5 ( reviews)

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Book Synopsis Legal Pluralism and Development by : Brian Z. Tamanaha

Download or read book Legal Pluralism and Development written by Brian Z. Tamanaha. This book was released on 2012-05-28. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Pluralism Explained

2021-03-03 Law
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Release : 2021-03-03
Genre : Law
Kind : eBook
Book Rating : 584/5 ( reviews)

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Book Synopsis Legal Pluralism Explained by : Brian Z. Tamanaha

Download or read book Legal Pluralism Explained written by Brian Z. Tamanaha. This book was released on 2021-03-03. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Debating Legal Pluralism and Constitutionalism

2020-02-24 Law
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Release : 2020-02-24
Genre : Law
Kind : eBook
Book Rating : 320/5 ( reviews)

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Book Synopsis Debating Legal Pluralism and Constitutionalism by : Guillaume Tusseau

Download or read book Debating Legal Pluralism and Constitutionalism written by Guillaume Tusseau. This book was released on 2020-02-24. Available in PDF, EPUB and Kindle. Book excerpt: The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.

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