State law and legal pluralism: towards an appraisal

2020 ◽  
Vol 52 (1) ◽  
pp. 82-109
Author(s):  
Hanisah Binte Abdullah Sani
Keyword(s):  
Legal Pluralism ◽  
State 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 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.

Navigating Diffuse Jurisdictions

2019 ◽  
pp. 98-120
Author(s):  
Helen Quane
Keyword(s):  
Legal System ◽  
Legal Pluralism ◽  
Customary Law ◽  
Specific Reference ◽  
State Law ◽  
System P ◽  
The Status ◽  
Over Time

This chapter studies the jurisdictional boundaries between state and non-state law with specific reference to religious, or customary, law. The determination of these regulatory forms as state law depends on the extent to which they perform prescriptive, adjudicative, or enforcement functions. Indeed, the boundaries between state and non-state law are not as stable as they may appear, as they are liable to shift according to circumstances and over time. The chapter then argues that the issue of classification acquires resonance in cases where legal pluralism occurs as the character and scope of a state’s exercise of jurisdiction becomes far more ambiguous in such situations. This can create uncertainty about the jurisdiction of the respective systems, the status of norms from one system that are given effect in another, and how these norms should be interpreted and applied given their concurrent existence within more than one legal system.

Laws in Conflict: Legacies of War, Gender, and Legal Pluralism in Chechnya

2019 ◽  
Vol 71 (04) ◽  
pp. 667-709 ◽  
Author(s):  
Egor Lazarev
Keyword(s):  
Gender Gap ◽  
Legal Pluralism ◽  
State Building ◽  
Customary Law ◽  
Legal Mobilization ◽  
Legal Institutions ◽  
State Law ◽  
Gender Hierarchies ◽  
And Behavior

AbstractHow do legacies of conflict affect choices between state and nonstate legal institutions? This article studies this question in Chechnya, where state law coexists with Sharia and customary law. The author focuses on the effect of conflict-induced disruption of gender hierarchies because the dominant interpretations of religious and customary norms are discriminatory against women. The author finds that women in Chechnya are more likely than men to rely on state law and that this gender gap in legal preferences and behavior is especially large in more-victimized communities. The author infers from this finding that the conflict created the conditions for women in Chechnya to pursue their interests through state law—albeit not without resistance. Women’s legal mobilization has generated a backlash from the Chechen government, which has attempted to reinstate a patriarchal order. The author concludes that conflict may induce legal mobilization among the weak and that gender may become a central cleavage during state-building processes in postconflict environments.

An Anthropological Perspective on Legal Pluralism

2020 ◽  
pp. 168-185
Author(s):  
Sally Engle Merry
Keyword(s):  
International Law ◽  
Cultural Practices ◽  
Legal Pluralism ◽  
Legal Order ◽  
State Law ◽  
Anthropological Perspective ◽  
Local Systems ◽  
Global Power ◽  
Global Nature ◽  
Fragmentation Of International Law

The concept of legal pluralism has proved enormously fruitful in challenging ideas about the centrality of state law and increasing awareness of the diversity of ways that individuals interact with the law. As scholars seek to understand international law as a sociocultural as well as a legal field, the concept of global legal pluralism offers a useful framework. It provides a way to theorize the fluidity and fragmentation of international law as well as its spaces of openness and opportunity. It is a way to understand its regulatory role in conjunction with regional, national, and local systems and the structures of local, national, and global power which shape its practices. The concept of global legal pluralism highlights both the global nature of the new legal terrain as well as the relative normativities of various orders, from the strictly “legal” to those based on cultural practices rather than state law. The anthropological concept of legal pluralism helps to understand the complexity of the global legal order, with a focus on the way its fragmentation and incommensurability operates in practice in the highly complex sociocultural global situation.

scholarly journals Pluralism Legal, Legality And Capitalism

2015 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Murilo Naves Amaral
Keyword(s):  
Economic Model ◽  
Legal Pluralism ◽  
State Law ◽  
Capitalist System ◽  
The Social ◽  
Collective Actors ◽  
Alternative Sources ◽  
The Right

The development of legality has intrinsic relationship with the capitalist system, so that it is essential to reconcile the analysis of the current economic model with standards from state law. It happens that, as it turns out the frustration of the applicability of the right post, a crisis arises in statist legal hegemony, which in turn, can only be overcome by expanding collective participation and consequently the implementation of an alternative right that with the consolidation of legal pluralism your mind, be able to establish appropriate channels to meet the social demands.Therefore, it is crucial that the resourcefulness of law expands the participatory way in order to extend, in a democratic way, the recognition of alternative sources of law and the constitution of the legal mosaic to all those who represent the true popular demands, for example, the collective actors.

Tribal Justice and State Law in Iraq

2021 ◽  
Vol 53 (3) ◽  
pp. 507-511
Author(s):  
Mélisande Genat
Keyword(s):  
Legal Pluralism ◽  
The State ◽  
Careful Examination ◽  
State Law ◽  
State Institutions ◽  
Social Fields ◽  
Tribal Areas

Literature on tribes in Iraq is scant and often falls prey to simplistic binary approaches to state-society relations. Scholars of legal pluralism provide tools to conceptualize interrelations between adjacent normative fields. Several legal specialists have talked about “a thin form of cooperation” between tribal “private orders” and the Iraqi state. By the same token, many scholars presuppose that the capacity of the tribes and the state to mediate and settle feuds covary in opposite directions and are correlated with the strength of state institutions (tribes step in to fill a vacuum during times of state weakness). However, careful examination of Iraqi penal legislation and its implementation in tribal areas invalidates this stereotypical paradigm. Already in her seminal 1973 article, Sally Moore drew the attention of scholars of legal pluralism to the idea that legal orders should be approached as partially discrete, overlapping social fields. The various arenas intersect and create meaning for each other.

Sign in / Sign up

Export Citation Format

Share Document