Rethinking Legal Pluralism: Local Law and State Law in the Evolution of Water Property Rights in Northwestern Spain

1998 ◽  
Vol 40 (01) ◽  
Author(s):  
DAVID GUILLET
Keyword(s):  
Property Rights ◽  
Legal Pluralism ◽  
State Law ◽  
Water Property ◽  
Northwestern Spain ◽  
Local Law

Ahmad Ibrahim Memorial Lecture; GLOBALIZATION, SOCIAL AND RELIGIOUS DIVERSITY, LEGAL PLURALISM: CAN STATE LAW SURVIVE?

2012 ◽  
Vol 15 (2) ◽  
Author(s):  
Gordon R Woodman
Keyword(s):  
Religious Diversity ◽  
Legal Education ◽  
Legal Pluralism ◽  
Memorial Lecture ◽  
State Law ◽  
Small Measure ◽  
Education Association ◽  
Deep Thought

It is a great honour to be invited to give this 8th Ahmad Ibrahim Memorial Lecture. I met Ahmad Ibrahim several times during his period as founding Dean of the Kulliyyah of Laws of the International Islamic University Malaysia, when we both attended conferences of the Commonwealth Legal Education Association in Cumberland Lodge, Windsor, Britain. He was immensely respected in the field of legal education in the Commonwealth; his interventions in our discussions were fewer than those of some colleagues, who liked to talk at lenght on every occassion and about every topic, but when he made comments they were always efective, being evidently based on long experience and deep thought. I have since read some of his work and learnt from it - as will appear , in small measure, from some references i make later in this lecture.

scholarly journals Postmortem Rights of Publicity: The Federal Estate Tax Consequences of New State-Law Property Rights

2008 ◽  
Author(s):  
Mitchell M. Gans ◽  
Bridget J. Crawford ◽  
Jonathan G. Blattmachr
Keyword(s):  
Property Rights ◽  
State Law ◽  
Estate Tax

scholarly journals Normative intersectionality in married women's property rights in southern Nigeria

2020 ◽  
Vol 24 ◽  
Author(s):  
Anthony C Diala ◽  
Jane C Diala
Keyword(s):  
Property Rights ◽  
Legal Pluralism ◽  
Customary Law ◽  
Sub Saharan Africa ◽  
Post Colonial ◽  
Socioeconomic Changes ◽  
Economic Forces ◽  
Southern Nigeria ◽  
Sub Saharan ◽  
Nuanced Understanding

ABSTRACT The fate of marriage gifts during a customary law divorce is significant for the interaction of legal orders in sub-Saharan Africa, especially in the context of scholars' fixation with conflict of laws. In analysing this fatet, this article introduces normative intersectionality as a theoretical framework for a nuanced understanding of how laws and socio-economic forces interact in post-colonial settings. Normative intersectionality rejects a legal positivist view of rights, which neglects people's adaptation of indigenous norms to socioeconomic changes. In this sense, normative intersectionality is useful for addressing the traditional Igbo law of matrimonial property, which regards a married woman's property rights as subsumed in her husband's rights. Using the division of marriage gifts in Southern Nigeria as a case study, the article draws attention to how legal orders speak to, rather than against, each other, and in so doing, stresses the adaptive character of indigenous laws. It argues that normative intersectionality illumines the interplay of gender equality, property rights and legal pluralism. Accordingly, it urges judges to use the imitative nature of legal pluralism in post-colonial settings to remedy entrenched systems of injustice and inequality, which often hide under the banner of tradition. Keywords: Adaptive legal pluralism, marriage gifts, African customary law, matrimonial property rights.

The role of institutional arrangements for more efficient water resources use and allocation

2001 ◽  
Vol 43 (4) ◽  
pp. 111-117 ◽  
Author(s):  
Karin E. Kemper
Keyword(s):  
Water Resources ◽  
Property Rights ◽  
Information Needs ◽  
Interdisciplinary Approach ◽  
Institutional Arrangements ◽  
Resources Management ◽  
Water Property ◽  
Determining Factors ◽  
Efficient Water Use

Water resources management requires an interdisciplinary approach to meet the challenges posed by ever increasing water demand and pollution. This paper discusses in which way appropriate institutional arrangements are complementary to technical interventions that aim to increase more efficient water use and allocation. Specific emphasis is given to water property rights as one of the determining factors in regard to the institutional framework. Issues such as the range of flexibility in designing property rights to water, the implications for pricing, enforcement and sanctioning mechanisms as well as for water trading and information needs are highlighted.

scholarly journals EKSISTENSI OTONOMI DESA PAKRAMAN DALAM PERSPEKTIF PLURALISME HUKUM

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
Anak Agung Istri Ari Atu Dewi
Keyword(s):  
Legal System ◽  
Research Method ◽  
Legal Pluralism ◽  
Customary Law ◽  
Legal Interpretation ◽  
State Law ◽  
Legal Research ◽  
Local Regulation ◽  
Traditional Institution ◽  
The Republic

The purpose of this research is to discover the existence of autonomy of Desa Pakraman in legal pluralism perspective. Related with that purpose, there are two issues that will be discussed, first, how does the existence of the autonomy of Desa Pakraman in Indonesia’s legal system?,Second, how does the existence of the autonomy of Desa Pakraman in legal pluralism perspective?. The research method is normative legal research using statue approach, concept approach and analytical approach and law analysis by using legal interpretation. Based on the problems, the results of discussion are : first, the existence of the autonomy of Desa Pakraman within the Indonesia’s legal system has regulated in the 1945 Constitution of the Republic of Indonesia, national and local Regulations. In the Constitution, specifically Article 18 B of paragraph (2), declare that the states recognizes Desa Pakraman and their traditional rights. In regulation of Law No.5 of 1960 concerning basic Agrarian Law (UUPA), regulation of Human Rights, and regulation of Desa (Village) are clearly recognize Desa Pakraman as traditional institution has traditional rights, one of it is the autonomy of Desa Pakraman. At the local regulation, autonomy Desa Pakraman has regulated in Local Regulation about Desa Pakraman. Second, that existence of autonomy Desa Pakraman in perspective legal pluralism is that the existence autonomy Desa Pakraman is a weak legal pluralism. In perspective weak legal pluralism the state law as a superior and the customary law as an inferior, its position in the hierarchy under State law. As a theory, the semi-autonomous social field from Sally Falk Moore perspectives that Desa Pakraman is semi-autonomous. Desa Pakraman has capacity to hold their village based on the customary law and outomaticly Desa Pakraman to be in framework of state law.

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