Dialogues on Human Rights and Legal Pluralism PDF Download

Author: René Provost
Publisher: Springer Science & Business Media
ISBN: 9400747101
Category : Law
Languages : en
Pages : 293

View

Book Description
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.

Author: Paul Schiff Berman
Publisher: Oxford University Press, USA
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133

View

Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 1107019400
Category : Law
Languages : en
Pages : 271

View

Book Description
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.

Author: Giselle Corradi
Publisher: Bloomsbury Publishing
ISBN: 1849467722
Category : Law
Languages : en
Pages : 267

View

Book Description
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.

Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383

View

Book Description
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

Author: Damian Gonzalez-Salzberg
Publisher: Routledge
ISBN: 0429889364
Category : Law
Languages : en
Pages : 264

View

Book Description
The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

Author: Kalindi Kokal
Publisher: Routledge
ISBN: 9780367726829
Category : Customary law
Languages : en
Pages : 200

View

Book Description
This book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen's community belonging to the caste of Hindu Machimār Koḷīs in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotiā, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.

Author: Wendy A Adams
Publisher: Routledge
ISBN: 1317078276
Category : Law
Languages : en
Pages : 240

View

Book Description
Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.

Author: Hoko Horii
Publisher: Routledge
ISBN: 1000469085
Category : Family & Relationships
Languages : en
Pages : 135

View

Book Description
This book addresses the issue of agency in relation to child marriage. In international campaigns against child marriage, there is a puzzle of agency: While international human rights institutions celebrate girls’ exercise of their agency not to marry, they do not recognize their agency to marry. Child marriage, usually defined as ‘any formal marriage or informal union where one or both of the parties are under 18 years of age’, is normally considered as forced – which is to say that it is assumed that are not capable of consenting to marriage. This book, however, re-examines this assumption, through a detailed socio-legal examination of child marriage in Indonesia. Eliciting the multiple competing frameworks according to which child marriage takes place, the book considers the complex reasons why children marry. Structural explanations such as lack of opportunities and oppressive social structures are important, but not exhaustive, explanations. Exploring the subjective reasons by listening to children’s perspectives, their stories show that many of them decide to marry for love, desire, to belong to the community, and for new opportunities and hopes. The book, then, demonstrates how the child marriage framework – and, indeed, the human rights framework in general – is constructed on too narrow a vision of human agency: One that cannot but fail to respect and promote the agency of all, regardless of gender, race, religion, and age. This book will be of interest to scholars, students, and practitioners in the areas of children’s rights, legal anthropology, and socio-legal studies.

Author: Michal Jan Rozbicki
Publisher: Lexington Books
ISBN: 1498581420
Category : History
Languages : en
Pages : 253

View

Book Description
This volume reflects on what happens when the idea and practice of universal human rights cross the cultural borders between different communities of knowledge. Although such rights are usually presumed to be founded on certain globally shared beliefs, the norms and values of many cultures are often incommensurable with these "universal" principles, and hence the need to translate and “vernacularize” them. Any law that would successfully institutionalize them must frame human rights in a way that defers to the historically constituted cultural capital of the society in which it is to function. The essays in this book seek to illuminate different cognitive contexts that produce different meanings of rights, identify spaces of intercultural crossings where differences can coexist, and offer usable narratives and metaphors that could help mediate between distinct cultures. They show that the path forward does not lead through a unified theory of human rights that can be applied globally, nor through mere repackaging of rights in a more understandable language. What is needed is a deep understanding of the process of intercultural dialogue, the cultural "grammar" involved in relationships of difference.