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 The Journal of Legal Pluralism and Unofficial Law 64 2011 written by and published by LIT Verlag Münster. This book was released on with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Journal of Legal Pluralism and Unofficial Law 64 2012 written by Melanie G. Wiber and published by . This book was released on 2012-10-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume includes contributions to the Jubilee Congress of the Commission on Legal Pluralism, held in Cape Town, South Africa, in September 2011. The papers represent several themes and topics, including: gender (women's access to justice in Pemba City; Islamic dress and the rights discourse in Europe), legal reform (African legal architecture; laws in the Pacific Island states), and science and technology (seafood traceability; food governance). Also included are two plenary presentations (the relationship between legal pluralism and governance; recent paradigms in research in legal pluralism). (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 64)

Download or read book The Journal of Legal Pluralism and Unofficial Law 65 2012 written by M. G. Wiber and published by LIT Verlag Münster. This book was released on 2012-10-30 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume includes the following contributions: All Law Is Plural: Legal Pluralism and the Distinctiveness of Law * Plural Legal Orders of Land Use * Could Singapore's Legal Pluralism Work in Australia? * Substantive Equality and Maternal Mortality in Nigeria * An Institutional Perspective on Courts of Law in Colonial and Postcolonial Settings * Comparative Law at the Intersection of Religious and Secular Orders (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 65)

Download or read book The Journal of Legal Pluralism and Unofficial Law written by Gordon R. Woodman and published by . This book was released on 2008-06-30 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethical Substance and the Coexistence of Normative Orders. Carl Schmitt, Santi Romano, and Critical Institutionalism, M. Croce & A. Salvatore; The Vinaya and the Dharma'sastra: Monastic Law and Legal Pluralism in Ancient India, M. Voyce; A Typology of Relationships between State and Non-State Justice Systems, M. Forsyth

Download or read book The Journal of Legal Pluralism and Unofficial Law 58 2008 written by Gordon R. Woodman and published by LIT Verlag Münster. This book was released on 2009-12-09 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jon Unruh examines the role of a disordered and dysfunctional legal pluralism in Liberia's descent into internal armed conflict. Thoko Khaime considers the concepts of children's universal rights and their relationship to the social reality of living law in an African society. Abdulmumuni Oba discusses the jurisdiction and functioning of Area Courts in the state of Ilorin in the Federal Republic of Nigeria. Sue Farran examines the land law in the Pacific state of Vanuatu.

Download or read book Journal of Legal Pluralism and Official Law written by John C Kricher and published by Fred B Rothman & Company. This book was released on 1988-12-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Journal of Legal Pluralism and Unofficial Law 49 2004 written by Gordon R. Woodman and published by LIT Verlag Münster. This book was released on 2005-12-15 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jon Unruh examines the role of a disordered and dysfunctional legal pluralism in Liberia's descent into internal armed conflict. Thoko Khaime considers the concepts of children's universal rights and their relationship to the social reality of living law in an African society. Abdulmumuni Oba discusses the jurisdiction and functioning of Area Courts in the state of Ilorin in the Federal Republic of Nigeria. Sue Farran examines the land law in the Pacific state of Vanuatu.

Download or read book The Journal of Legal Pluralism and Unofficial Law 62 2010 written by Melanie Wiber and published by LIT Verlag Münster. This book was released on 2011-08-18 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brauchler examines the Indonesian decentralisation process and the revival of tradition and cultural self-determination in the Moluccas. Tuori studies restatements and codifications of customary laws in Africa. Harboe Knudsen considers European Union regulation of the marketing of dairy products in Lithuania. Douglas and Hersi examine the attitudes of Muslims to the smoking of khat. Simarmata studies the contrast between Indonesian state law and local officials' practice regarding natural resources use in East Kalimantan.

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 Aligning Religious Law and State Law written by Muhammad Latif Fauzi and published by BRILL. This book was released on 2023-07-03 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Aligning Religious Law and State Law: Negotiating Legal Muslim Marriage in Pasuruan, East Java, Muhammad Latif Fauzi investigates the extent to which the Indonesian state has regulated Muslim marriage, how a local community in Pasuruan, East Java practices and negotiates the regulation and how local officials deal with their practices. Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework. In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain its image as a body capable of maintaining the proper balance between religious tradition and modern administration of a marriage. The practice of Muslim marriage registration has still left some leeway in which informality can function. This informality is important as it offers the capacity to make a compromise between people’s deep interest in religious law and state law. The state officials in charge of marriage administration on the frontier levels are amenable to adopting lenient approach towards marriage registrations, which is the key to securing the functioning of state law.

Download or read book Environmental Law and Governance in the Pacific written by Margaretha Wewerinke-Singh and published by Routledge. This book was released on 2020-08-26 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines environmental law and governance in the Pacific, focusing on the emerging challenges this region faces. The Pacific is home to some of the world’s most astonishing biological and cultural diversity. At the same time, Pacific Island nations are economically and technically under-resourced in the face of tremendous environmental challenges. Destructive weather events, ocean acidification, mining, logging, overfishing, and pollution increasingly degrade ecosystems and affect fishing, farming, and other cultural practices of Pacific Islanders. Accordingly, there is an urgent need to understand and analyse the role of law and governance in responding to these pressures in the Pacific. Drawing on academic and practitioner expertise from the Pacific region, as well as Europe and the United States, this unique collection navigates the major environmental law and governance challenges of the present and future of the Pacific. Environmental Law and Governance in the Pacific discusses 21 Pacific Island countries and territories, including Cook Islands, Fiji, Papua New Guinea, Solomon Islands, Vanuatu, and Samoa, and a broad range of themes, such as deep-sea mining, wetlands and mangroves, heritage, endangered species, human rights, and access to justice, are addressed, thus providing a comprehensive and state-of-the-art overview of environmental law and governance within specific jurisdictions as well as across the Pacific region as a whole. This volume will be essential reading for students and scholars interested in environmental law and governance in the Pacific region, as well as policy-makers, practitioners and NGOs involved in the development and implementation of environmental law and policy.

Download or read book Foreign Judges in the Pacific written by Anna Dziedzic and published by Bloomsbury Publishing. This book was released on 2021-11-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its own transferrable judicial skills and values. Foreign Judges in the Pacific sheds light on the widespread but often unarticulated assumptions about the significance of nationality to the functions and qualities of constitutional judges. It shows how the nationality of judges matters, not only for the legitimacy and effectiveness of the Pacific courts that use foreign judges, but for legal and theoretical scholarship on courts and judging.

Download or read book Law Development and Regulatory Globalisation written by Adithya Chintapanti and published by Taylor & Francis. This book was released on 2023-12-08 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the phenomenon of diffusion of legal norms accompanying economic globalisation in developing countries, this book examines the blanket imposition of standard regulatory templates, maintaining that every jurisdiction requires customised legal solutions. Adopted by over 80 developing jurisdictions, the World Bank’s 1993 regulatory template for electricity sector reform has been one of the most widely diffused regulatory models. This book uses the example of its implementation in India to address the more general process of regulatory globalisation for developing countries. Amongst other objectives, the World Bank’s template endeavoured to insulate economic decision making from politics through legal reform. Through this template, the World Bank endeavoured to transform the role of the Indian state in the electricity sector from an interventionist or welfare state to a neo-liberal regulatory state by imposing constitution-like obligations. The book demonstrates that the unique social, economic and political characteristics of a jurisdiction cannot be ignored when incorporating a regulatory template in a jurisdictional context; for, by influencing the way an external regulatory model is internalized, it is these characteristics that determine its outcome. Providing a detailed empirical analysis of this key aspect of development policy, this book will be of interest to scholars and students in the fields of law and development, politics and public administration; as well as development practitioners and policy makers involved in reforming sector regulatory frameworks in their countries.

Download or read book Non State Justice Institutions and the Law written by M. Kötter and published by Springer. This book was released on 2015-02-02 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.

Download or read book World Heritage Conservation in the Pacific written by Stephanie Clair Price and published by Springer. This book was released on 2018-07-20 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: ​This book explores the opportunities and challenges associated with the legal protection of World Heritage sites in the Pacific Islands. It argues that the small Pacific representation on the World Heritage List is in part due to a lack of strong legal frameworks for heritage conservation, putting such sites under threat. Providing a comprehensive analysis of the nomination, listing and protection of the Solomon Island World Heritage Site, it examines the implementation of the World Heritage Convention in the Pacific context. It explores how the international community’s broadening interpretation of the notion of ‘outstanding universal value’ has increased the potential for Pacific heritage to be classified as ‘World Heritage’. This book also analyses the protection regime established by the Convention, and the World Heritage Committee’s approach to heritage conservation, identifying challenges associated with the protection of Pacific Island heritage.

Download or read book Governing Religious Diversity in Global Comparative Perspective written by Tariq Modood and published by Taylor & Francis. This book was released on 2023-09-06 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents comparative analyses of different modes of the governance of religious diversity and state-religion connections and relations in twenty-three countries in five world regions: Western Europe, Southern and South-Eastern Europe, Central and Eastern Europe, the MENA region, and South and Southeast Asia. Debates and controversies around the governance of religious diversity have become important features of the social and political landscape in different regions and countries across the world. The historical influences and legacies, and the contemporary circumstances provoking these debates vary between contexts, and there have been a range of state and scholarly responses to how, and why, particular understandings and arrangements of state-religion relations should be preferred over others. The analyses of country cases and regions presented in this volume are based on extensive reviews of secondary literature, of legal and policy landscapes, and in some cases on interviews. This book will be a great resource for academics, researchers, and advanced students interested in in the sociology of religion, religious studies, politics and migration studies. The contributions in this volume arise out of the Horizon2020 funded GREASE project. It was originally published as a special issue of Religion, State and Society.