Introduction: Three Themes

2021 ◽  
pp. 1-18
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
Legal Pluralism ◽  
State Law ◽  
Law And Development ◽  
Community Law

This introductory chapter provides an overview of legal pluralism. Legal pluralism refers to a multiplicity of law in various senses across multiple scholarly disciplines and law and development contexts. The chapter identifies what legal pluralism is framed in opposition to: the image of monistic state law. It also sets forth two streams of legal pluralism: abstract legal pluralism constructed by theorists versus folk legal pluralism understood in social-historical terms. Finally, the chapter outlines three categories of law that appear throughout the book: community law, regime law, and cross-polity 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.

Legal Pluralism as Evolutionary Achievement of Community Law

Ratio Juris ◽  
1999 ◽  
Vol 12 (2) ◽  
pp. 182-195 ◽  
Author(s):  
Massimo La Torre
Keyword(s):  
Legal Pluralism ◽  
Community Law

Research priorities: The state, law and development

1984 ◽  
Vol 8 (4) ◽  
pp. 329-344 ◽  
Author(s):  
Robert B. Seidman
Keyword(s):  
Research Priorities ◽  
The State ◽  
State Law ◽  
Law And Development

Introduction

2020 ◽  
pp. 1-32
Author(s):  
Nurfadzilah Yahaya
Keyword(s):  
Indian Ocean ◽  
Southeast Asia ◽  
Historical Perspective ◽  
Legal Pluralism ◽  
Time And Space ◽  
Legal Regimes ◽  
The Indian Ocean

This introductory chapter flips the more common historical perspective that European imperialism led to new patterns of legal pluralism across empires that spawned possibilities for interpolity contact and trade, acting as catalysts for the emergence of global legal regimes. It demonstrates how British and Dutch territorial jurisdictions expressed very specific relationships between territory, authority, and forms of law, and it simultaneously puts into stark relief the preponderance of diasporic Arab merchants generating their own jurisdictions across the Indian Ocean in tandem with those of the European colonist. Not only were these Arabs attuned to legal pluralism being the operative condition of law, they were also acutely aware of jurisdictional ordering and the concentration of power across time and space. The chapter proposes a spatial repositioning of the Indian Ocean from the perspective of Southeast Asia outward toward Hadramawt, a region located in present-day Yemen from which most Arabs in Southeast Asia originated. Ultimately, it presents the result of the legislation after members of the Hadhrami diaspora attempted to bring their own regulation with them, inscribing territorial lines across the Indian Ocean through law.

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.

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