Download or read book Dynamics of Plural Legal Orders written by Franz von Benda-Beckmann and published by LIT Verlag Münster. This book was released on 2006 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines dynamics of legal pluralism and explores the varied ways in which constellations of legal pluralism play out in social life. It aims to bridge the social and theoretical space between small scale case studies and abstract generalization. The introduction provides an overview of developments in the field of legal pluralism and offers an analytical perspective on the dynamics of the maintenance of and change in constellations of legal pluralism. Contributions examine situations in which the state is seen as remote from local settings and others in which local populations are actively engaged in widening the scope and validity of state law. By focusing on historical developments and the fault lines of rapid political change in both post-socialist and post-authoritarian states, the volume shows that legal legacies of the past continue to have an impact. Authors look at the social significance of the various, and sometimes competing, types of law which religious and secular transnational actors introduce into local settings. Franz and Keebet Benda-Beckmann are both Head of Project Group for the Project Group Legal Pluralism at the Max Planck Institute for Social Anthropology, Halle (Germany).
Download or read book Designing Indicators for a Plural Legal World written by Siddharth Peter de Souza and published by Cambridge University Press. This book was released on 2022-08-31 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.
Download or read book Law and Anthropology written by Michael D. A. Freeman and published by Academic. This book was released on 2009-11-19 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. Focussing on the inter-connections between the two disciplines it also includes case studies from around the world.
Download or read book Marine Environmental Governance written by Erika Techera and published by Routledge. This book was released on 2013-03 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marine Environmental Governance: From International Law to Local Practice considers the relationship between international environmental law and community-based management of marine areas. Focusing on small island states, in which indigenous populations have to a large extent continued to maintain traditional lifestyles, this book takes up the question of how indigenous customary law and state-based legislation can be reconciled in the implementation of international environmental law. Including a range of case studies, as well as detailed comparative analysis, it pursues an interdisciplinary approach to legal pluralism 'in practice' that will be of considerable interest to environmental lawyers, legal anthropologists, conservation biologists and those working in the area of community-based conservation.
Download or read book Contemporary Islamic Law in Indonesia written by Arskal Salim and published by Edinburgh University Press. This book was released on 2015-02-10 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia has probably the fastest changing legal system in the Muslim world. This ethnographic account of legal pluralism in the post-conflict and disaster situation in Aceh addresses changes in both the national legal system and the regional legal structure in the province. Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. These disputes are presented on multiple levels and in various forums, either through negotiation or adjudication, regardless of whether they are settled or not. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.
Download or read book Conflict Negotiations and Natural Resource Management written by Maarten Bavinck and published by Routledge. This book was released on 2014-10-17 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts over natural resources abound in India, where much of the population is dependent on these resources for their livelihoods. Issues of governance and management are complicated by the competing claims of parallel legal systems, including state, customary, religious, project and local laws. Whereas much has been written about property rights, this unique collection takes a legal anthropological perspective to explore how the coexistence and interaction between multiple legal orders provide bases for claiming property rights. It examines how hybrid legal institutions have developed over time in India and how these impact on justice in the governance and distribution of natural resources. The book brings together original case studies that offer fresh perspectives on the governance of forests, water, fisheries and agricultural land in a diverse range of social and spatial contexts. This brand new research provides a timely and persuasive overview of the fundamental role of parallel legal systems in shaping how people manage natural resources. It will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.
Download or read book After Public Law written by Cormac Mac Amhlaigh and published by OUP Oxford. This book was released on 2013-05-09 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.
Download or read book A Bird that Flies with Two Wings written by Miranda Forsyth and published by ANU E Press. This book was released on 2009-09-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the problems and possibilities of plural legal orders through an in-depth study of the relationship between the state and customary justice systems in Vanuatu. It argues that there is a need to move away from the current state-centric approach to law reform in the South Pacific region, and instead include all state and non-state legal orders in development strategies and dialogue. The book also presents a typology of models of engagement between state and non-state legal systems, and describes a process for analysing which of these models would be most advantageous for any country in the South Pacific region, and beyond.
Download or read book Political and Legal Transformations of an Indonesian Polity written by Franz von Benda-Beckmann and published by Cambridge University Press. This book was released on 2013-08-15 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political and Legal Transformations of an Indonesian Polity is a long-term study of the historical transformations of the Minangkabau polity of nagari, property relations and the ever-changing dynamic relationships between Minangkabau matrilineal adat law, Islamic law and state law. While the focus is on the period since the fall of President Suharto in 1998, the book charts a long history of political and legal transformations before and after Indonesia's independence, in which the continuities are as notable as the changes. It also throws light on the transnational processes through which legal and political ideas spread and acquire new meanings. The multi-temporal historical approach adopted is also relevant to the more general discussions of the relationship between anthropology and history, the creation of customary law, identity construction, and the anthropology of colonialism.
Download or read book Permutations of Order written by Thomas G. Kirsch and published by Routledge. This book was released on 2016-05-13 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Permutations of Order makes an innovative and important contribution to current discussions about the relationship between religion and law, bringing together theoretically informed case studies from different parts of the world, relating to various types of politico-legal settings and religions. This volume also deals with contemporary legal/religious transfigurations that involve "permutations," meaning that elements of "legal" and "religious" acts of ordering are at times repositioned within each realm and from one realm to the other. These permutations of order in part result from the fact that, in ethnographic settings like those examined here, "legal" and "religious" realms are relational to-and in certain cases even constitutive of-each other and they result in categoric transpositions and new social positionalities through which, among other things, "the legal" and "the religious" are blended. Permutations of Order is a work that transcends convention, identifies new and theoretically overarching themes and will be of strong interest to researchers and policy-makers seeking a comparative focus on the intersections and disjunctions of religion and law.
Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
Download or read book The Journal of Legal Pluralism and Unofficial Law 61 2010 written by Gordon R. Woodman and published by LIT Verlag Münster. This book was released on 2011 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines dynamics of legal pluralism and explores the varied ways in which constellations of legal pluralism play out in social life. It aims to bridge the social and theoretical space between small-scale case studies and abstract generalisation. The introduction provides an overview of developments in the field of legal pluralism and offers an analytical perspective on the dynamics of the maintenance of and change in constellations of legal pluralism. Contributions examine situations in which the state is seen as remote from local settings and others in which local populations are actively engaged in widening the scope and validity of state law. By focusing on historical developments and the fault-lines of rapid political change in both post-socialist and post-authoritarian states, the volume shows that legal legacies of the past continue to have an impact. Authors look at the social significance of the various, and sometimes competing, types of law which religious and secular transnational actors introduce into local settings.
Download or read book Transnational Legal Ordering and State Change written by Gregory C. Shaffer and published by Cambridge University Press. This book was released on 2013 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.
Download or read book Shadow Nations written by Bruce Duthu and published by OUP USA. This book was released on 2013-07-18 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to counter the steady erosion of tribal powers of self-government, this book argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years.
Download or read book Decentralization and Regional Autonomy in Indonesia written by Coen J G Holtzappel and published by Institute of Southeast Asian Studies. This book was released on 2009 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1999, Indonesia embarked on a reform of regional governance that brings self-governance to rural districts and municipalities, i.e., the administrative and democratic capacity needed to apply basic services like healthcare, national legislation and environment policies. This edited volume is the first book, which not only deals with the 1999 legislation but also shows how the deficiencies and contradictions of this legislation reduced implementation between 2001 and 2004 to a try-out. The book also discusses the adaptations that were the focus of the debate on the revision of the 1999 legislation that resulted in the 2004 update legislation and the amendment of the 1945 Constitution. Anthropological case studies of five provinces complement and deepen the findings of the more general survey reports.
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press. This book was released on 2020-06-01 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Download or read book The Force of Custom written by Judith Beyer and published by University of Pittsburgh Press. This book was released on 2016-12-16 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judith Beyer presents a finely textured ethnographic study that sheds new light on the legal and moral ordering of everyday life in northwestern Kyrgyzstan. Through her extensive fieldwork, Beyer captures the thoughts and voices of local people in two villages, Aral and Engels, and combines these with firsthand observations to create an original ethnography. Beyer shows how local Kyrgyz negotiate proper behavior and regulate disputes by invoking custom, known to the locals as salt. While salt is presented as age-old tradition, its invocation needs to be understood as a highly developed and flexible rhetorical strategy that people adapt to suit the political, legal, economic, and religious environments. Officially, codified state law should take precedence when it comes to dispute resolution, yet the unwritten laws of salt and the increasing importance of Islamic law provide the standards for ordering everyday life. As Beyer further reveals, interpretations of both Islamic and state law are also intrinsically linked to salt. By interweaving case studies on kinship, legal negotiations, festive events, mourning rituals, and political and business dealings, Beyer shows how salt is the binding element in rural Kyrgyz social life, used to explain and negotiate moral behavior and to postulate communal identity. In this way, salt provides a time-tested, sustainable source of authentication that defies changes in government and the tides of religious movements. Beyer's ground-level analysis provides a broad base of knowledge that will be valuable for students and researchers of contemporary Central Asia.
