The Conceptual Problems Arising from Legal Pluralism

Author(s):  
Jorge Luis Fabra-Zamora

Abstract This paper argues that analytical jurisprudence has been insufficiently attentive to three significant puzzles highlighted by the legal pluralist tradition: the existence of commonalities between different types of law, the possibility of a distinction between law and non-law, and the explanatory centrality of the state. I further argue that the resolution of these questions sets the stage for a renewed agenda of analytical jurisprudence and has to be considered in attempts for reconciliation between the academic traditions of analytical jurisprudence and legal pluralism, often called “pluralist jurisprudence.” I also argue that the resolution of these problems affects the empirical, doctrinal, and politico-moral inquiries about legal pluralism.

Author(s):  
Peter J. Spiro

Community is the building block of global legal pluralism. The state has been the dominant normative community in a global perspective. That reflected sociological realities on the ground. Global legal pluralism understands that the state no longer preempts other forms of community. Much of the legal pluralist literature considers the complex dynamic interaction of normative communities, state and nonstate. But it does little to consider from a normative perspective how those communities are constituted. This chapter maps a global legal pluralist approach to membership. It addresses questions relating to entry, exit, and expulsion. It does so with respect to membership in the state as well as membership in nonstate communities. It also considers issues relating to multiple membership. The chapter closes with some speculations on global citizenship, suggesting that membership in a global community has become meaningfully supplemental to membership in other communities. The chapter deploys archetypal cases, some real, some hypothetical, to illustrate membership’s consequence.


2012 ◽  
Vol 45 (1) ◽  
pp. 3-34 ◽  
Author(s):  
Frédéric Mégret

This article explores the possibility of elaborating a strong rights foundation for ‘weak’ legal pluralist arrangements, consisting of the recognition by the state of a degree of autonomy for the legal practices of minorities. It finds unhelpful and reductionist those arguments based merely on whether certain aspects of minority law are in violation of human rights or are more effective at protecting rights than state law. Instead, the article seeks to tackle the central issue of whether there is more generally a human rights case for legal pluralism, despite the modern rights movement's strong historical association with state monism and egalitarian universalism. Traditional rights bases for minority protection, both group and individual based, are envisaged specifically from the point of view of recognition of minority legal traditions. Both are found to raise difficulties that are magnified by the entry into play of legal considerations. When it comes to collective rights, there is a fear that endowing certain communities with legal autonomy will increase their ability to oppress the minority within; when it comes to individual rights, the idea of a ‘right to one's law’ misses the degree to which law is an institutional construct which requires a new division of power within the state that goes far beyond what are generally understood as basic freedoms. Rather than assessing the problem merely from an individual or group point of view, the rights validity of legal pluralist arrangements is seen as dependent on how they relate to society at large. Specifically, a case is made that legal pluralism can be part of a beneficial coming to terms by societies with their diversity, a reinforcement of democratic forms and, in some cases, a type of transitional justice that recognises the extent to which the deprivation of law has been a traditional means of subjugation of minorities. The article concludes with an effort to recast the entire debate from the point of view of international human rights law and to critique its somewhat arbitrary focus on the state as the only locus of significant legal diversity.


1950 ◽  
Vol 17 (2) ◽  
pp. 145-153 ◽  
Author(s):  
J. O. Hinze ◽  
H. Milborn

Abstract Liquid, supplied through a stationary tube to the inner part of a rotating cup widening toward a brim, flows viscously in a thin layer toward this brim and is then flung off, all by centrifugal action. The flow within this layer and the disintegration phenomena occurring beyond the brim have been studied, experimentally as well as theoretically. A formula has been derived for the thickness and for the radial velocity of the liquid layer within the cup, which proved to agree reasonably well with experimental results. Three essentially different types of disintegration may take place around and beyond the edge of the cup designated, respectively, by: (a) the state of direct drop formation; (b) the state of ligament formation; and (c) the state of film formation. Which one of these is realized depends upon working conditions. Transition from state (a) into (b), or of state (b) into state (c) is promoted by an increased quantity of supply, an increased angular speed, a decreased diameter of the cup, an increased density, an increased viscosity, and a decreased surface tension of the liquid. The experimental results have been expressed in relationships between relevant dimensionless groups. For the state of ligament formation a semiempirical relationship has been derived between the number of ligaments and dimensionless groups determining the working conditions of the cup. Results of drop-size measurements made for the state of ligament formation as well as for the state of film formation show that atomization by mere rotation of the cup is much more uniform than commonly achieved with pressure atomizers.


1997 ◽  
Vol 3 (1) ◽  
pp. 57-68 ◽  
Author(s):  
Guy R. West ◽  
Ari Gamage

This study assesses the significance of different types of tourists to Victoria, Australia, by their relative contribution to the economy. Differential impacts are calculated using an input–output model incorporating marginal household coefficients. The analysis demonstrates that the conventional input–output model can overestimate the flow-on effects to value added, income and employment by a significant amount. It finds that domestic tourists are the largest contributor to the State economy, with day-trippers spending the greatest amount. International tourists rank last in terms of economic impacts on the state.


2008 ◽  
Vol 38 (1) ◽  
pp. 58
Author(s):  
Imam Koeswahyono

Abstrak The right of management of the state since early Dutch colony until thisrecent transition era has became terminology that been debated. Thatcontroversy persists by the strength of the state intervention through the vitalnatural resources for agrarian nations beside biased articulation indiscourse but also on state right in praxis terms. Those situations haveprolonged even had begun any transformation in politic's paradigm of priorNew Order (Orde baru) to the recent transition era and had not impacted tothe reconceptualization through that state right and praxis. Under the authortought it needs significant effort which is based under legal pluralism,decentralization by the participative of legislative drafting method alsosustainability and public anccountability principles. Without considering tothose factors the author remark it would arise mis-perceptive through theright managament of the state, latent/massive conflict over regions thatcontra productive to development progr.ess and such natural disasters


Author(s):  
Emmanuel Melissaris ◽  
Mariano Croce

Legal pluralism, as a way of thinking about law, is the seemingly straightforward idea that there is a range of normative orders, which are independent from the state and can be properly described as legal without committing any conceptual mistake. Without giving a full survey of the long and varied history of legal pluralism theory, this article will discuss some central moments in that history. It will focus specifically on the question whether it is possible and useful to capture law as conceptually separate from other normative phenomena so as to speak of specifically legal pluralism or whether it is best to take a panlegalist approach and not draw any clear distinctions between law and other instances of social normativity.


2018 ◽  
Vol 8 (3) ◽  
pp. 294-299 ◽  
Author(s):  
Laura-Marie Töpfer

The commentaries on this forum’s anchor article, ‘China’s Integration into the Global Financial System: Toward a State-led Conception of Global Financial Networks’, examine how the state is shaping global financial networks (GFNs). In response to these reviews, this article discusses three common themes that bind the different commentaries: (1) different types of agency, power, and the rise of new actors; (2) the methodology behind studying state-led GFNs; and (3) the structural question of ‘Chinese exceptionalism’ as a mode of capitalism. Overall, this article affirms that the state remains central to our understanding of competitive hierarchies and firm behavior in financial networks.


2018 ◽  
Vol 20 (2) ◽  
pp. 13-34
Author(s):  
Laura Porras

Using qualitative methodologies, I conducted research with one group of vulnerable workers (whom I refer to as street rebuscadores) in Bogotá, to study how both State and non-State legal regimes interact to influence their productive strategies. Following a legal pluralist approach, I concluded that as a social group engaging in regulatory activities, street rebuscadores are situated in a semi- autonomous social field generating internal normative rules, but that is also vulnerable to rules from the larger social matrix in which it is situated. Within that semi-autonomous social field, the vulnerability of street rebuscadores is legally constructed and accentuated by the State, and existing regulatory frameworks are perpetuating and reproducing their condition, although not without resistance. In this paper, I will focus exclusively on labour law, to discuss a series of reasons that lead me to conclude that State labour law is unable to penetrate the semi- autonomous social field of street rebuscadores, and therefore, unable to protect those workers most in need.


2020 ◽  
Vol 73 (7) ◽  
pp. 1516-1520
Author(s):  
Oksana V. Tymoshchuk ◽  
Oksana Y. Zhurakivska ◽  
Volodymyr V. Derpak ◽  
Iryna O. Kostitska ◽  
Iryna T. Tokar

The aim of study is special aspects of the efficient daily routine of students at modern educational institutions of different types, and its influence on psychophysical functions, adaptive abilities, the quality of life as well as the state of mental and somatic health of the youngsters. Materials and methods: While studying special aspects of the daily routine of students at modern educational institutions and their influence on the state of physical and mental health, the young people were observed in five modern educational establishments in Ivano-Frankivsk: Vasyl Stefanyk Precarpathian National University, Ivano-Frankivsk Finance Commercial Cooperative College named after S.Granat, Ivano-Frankivsk music school named after Denis Sichinskiy, Ivano-Frankivsk Vocational Motor Transport and Construction Lyceum № 15, Ivano-Frankivsk boarding lyceum for gifted young people from rural areas. 300 students were observed (150 female students and 150 male students). The study analyzed their educational conditions, daily routine tension, and activities during breaks, special aspects of leisure arrangements, amount of time spent on homework, subjective assessment of the level of tension of the educational process, and their projected influence on the health state of students by using static models. Results: Received results of the assessment of sanitary and hygienic conditions under which training takes place at modern educational institutions of different types, as well as conditions of after school activities of the students, by applying common methods to evaluate illumination level, microclimate, and air quality have revealed that the youngsters’ conditions at modern educational institutions are marked by absence of significant deviations from common hygienic requirements, they are similar and easily comparable and that enables defensibly and illuminatively to identify main features of influence of the different psychohygienic methods on the development of health maintaining tools and the establishment of features of the formation of functional capabilities and the basic correlates of mental and physical health. Conclusions: The educational conditions of young people in modern educational establishments can be described as not having considerable deviations from common hygienic requirements, being easily comparable and enabling to identify main influence factors of different types of psychohygienic methods of developing and implementing of healthmaintaining tools on the course of formation of the functional capabilities of the body and the development of the main adaptation reactions in young males and females.


Author(s):  
Tine Suartina

Tulisan ini berupaya melihat marjinalisasi adat, hukum adat serta implikasinya pada masyarakat adat. Dalam konteks Indonesia, meskipun Konstitusi dan beberapa aturan formal mengakui masyarakat adat, termasuk pranata adat, namun pada praktiknya telah terjadi upaya peminggiran jangka panjang. Ketidakkonsistenan kebijakan negara terhadap penerapan hukum adat memberikan peran dalam marjinalisasi komunitas adat pada berbagai tingkat. Melalui penelitian lapangan di tiga komunitas adat, Kasepuhan Ciptagelar, Kasepuhan Karang dan Kasepuhan Guradog di bagian Barat Jawa serta perspektif pluralism hukum, tulisan ini menjelaskan kurangnya pengakuan pada hukum adat memberikan pengaruh tertentu pada masyarakat adat, termasuk dalam pengaturan kemasyarakatan dan penghidupan. Studi ini pun membuktikan bahwa meskipun hukum adat secara praktis tidak diadopsi oleh negara, dalam beberapa kasus, masyarakat adat menemukan strategi untuk mempertahankan keyakinan dan praktik hukum adat di komunitasnya. Untuk itu, dalam konteks lebih luas, hal yang ingin disampaikan adalah, upaya marjinalisasi tidak mampu menghapuskan praktik adat dan hukum adat secara keseluruhan. Ketiga kasus memperlihatkan hingga saat ini praktik multi sistem hukum di masyarakat plural seperti Indonesia masih diterapkan, baik dalam situasi konflik maupun berdampingan. Selain itu, dalam mendiskusikan implementasi hukum di Indonesia dari perspektif masyarakat, pembedaan sistem formal dan informal di masyarakat tetap diperlukan dan unifikasi hukum hanya berfungsi dalam batas tertentu.This paper attempts to see adat and adat law marginalizations, and the implications on adat peoples. In Indonesia, despite the recognition for adat peoples in the Constitution and formal rules, including adat institutions, in practice there has been a long-term marginalization. The inconsistent State’s policies towards the adat law application play a role in the marginalization of adat communities at various levels. Having field research in Ciptagelar, Karang and Guradog kasepuhan communities in western Java and legal pluralism perspective, this paper elucidates the lack of adat law recognition giving certain impacts on adat peoples, including on their social lives and livelihood. This study also proves that although adat law is not practically adopted by the State, in some cases, adat peoples find strategies to maintain their beliefs and adat law. Thus, in a broader context, the marginalization is unable to eliminate adat and adat law as a whole. To date the practice of multi-legal systems in a plural society, such as Indonesia, still takes place, both in conflict and coexistence. Moreover, in discussing Indonesia’s implementation of law from a community perspective, the distinction between formal and informal systems is still needed and legal unification only functions within certain limits


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