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Author: Ido Shahar Publisher: Routledge ISBN: 1317106121 Category : Law Languages : en Pages : 240
Book Description
This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population. Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions. The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.
Author: Ido Shahar Publisher: Routledge ISBN: 1317106121 Category : Law Languages : en Pages : 240
Book Description
This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population. Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions. The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.
Author: Norbert Oberauer Publisher: BRILL ISBN: 9004398260 Category : Law Languages : en Pages : 268
Book Description
Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.
Author: Prakash Shah Publisher: Routledge ISBN: 1135308780 Category : Law Languages : en Pages : 213
Book Description
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.
Author: Franz von Benda-Beckmann Publisher: Routledge ISBN: 1317060938 Category : Law Languages : en Pages : 307
Book Description
Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.
Author: Badouin Dupret Publisher: BRILL ISBN: 9004416625 Category : Law Languages : en Pages : 304
Book Description
Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions. The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries. The work's unique features include * a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism; * a broad range of case studies, demonstrating the diversity in formulations of the theory; and * a wide variety of approaches to the subject matter. Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.
Author: Melanie G. Wiber Publisher: LIT Verlag Münster ISBN: 3643998732 Category : Law Languages : en Pages : 285
Book Description
This special issue contains papers on international development interventions that offer support to justice and security reforms in so-called "fragile states." Following an introduction by guest editor Helene Maria Kyed, the book includes papers on: justice and security architecture in Africa * reconfiguring state and non-state actors in the provision of safety in (South) Africa - implications for bottom-up policing arrangements and for donor funding * the consequences of ideals-oriented rule of law policy-making in Liberia * the politics of customary law ascertainment in South Sudan * hybrid and 'everyday' political ordering - constructing and contesting legitimacy in Somaliland * spinning a conflict management web in Vanuatu - creating and strengthening links between state and non-state legal institutions * decentralized power and traditional authorities - how power determines access to justice in Sierra Leone * delivering justice - the changing gendered dynamics of land tenure in Botswana. (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 63)
Author: Guillaume Tusseau Publisher: Springer Nature ISBN: 3030344320 Category : Law Languages : en Pages : 343
Book Description
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.
Author: M. B. Hooker Publisher: Oxford : Clarendon Press ISBN: Category : Language Arts & Disciplines Languages : en Pages : 634
Book Description
This study describes the plural systems of those states retaining an indigenous law which have had imposed, or have adopted into themselves, Western laws- such as those inherited from colonial empires or adopted voluntarily in, for example, Turkey, Thailand, and Ethiopia. Attention is also given to the revolutionary change of law in the U.S.S.R and China. Many issues of practical importance are involved in pluralism, includind those of modernization and development of law for economic and development of law for economic and social purposes, as well as conflicts of law and legal theory.
Author: Ido Shahar
Author: Ido Shahar
Author: Norbert Oberauer
Author: Prakash Shah
Author: Franz von Benda-Beckmann
Author: Richard Hidary
Author: Badouin Dupret
Author: 
Author: Melanie G. Wiber
Author: Guillaume Tusseau
Author: M. B. Hooker