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

Abstract versus Folk Legal Pluralism

2021 ◽  
pp. 169-208
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
Legal Pluralism ◽  
Social Contexts ◽  
Abstract Concepts ◽  
Social Scientists ◽  
Social Phenomena ◽  
Community Law ◽  
Form And Function ◽  
And Function ◽  
Rule Systems ◽  
Over Time

This chapter differentiates between abstract legal pluralism and folk legal pluralism. Abstract concepts of law within legal pluralist literature can be placed in one of two broad categories based on form and function: the inner ordering of associations or institutionalized rule systems. However, both types of concepts of law inevitably result in over-inclusiveness by encompassing social phenomena that are usually not considered to be law, creating irresolvable problems. Folk legal pluralism identifies coexisting forms of law in terms of what people collectively view as law, examined through a social-historical lens that pays attention to how forms of law vary across social contexts and change over time. It also articulates three categories of law applied throughout this book: community law, regime law, and cross-polity law. This approach offers a commonsensical account of law and legal pluralism useful for scholars, development practitioners, social scientists, and legal theorists.

National to Transnational Legal Pluralism

2021 ◽  
pp. 129-168
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
United States ◽  
European Union ◽  
Legal System ◽  
Legal Pluralism ◽  
The United States ◽  
Legal Systems ◽  
The European Union ◽  
Community Law ◽  
Territorial State ◽  
Constitutional Pluralism

This chapter studies state law within the United States legal system(s), showing that law is not fully unified and hierarchically organized, a condition that also exists within highly developed national legal systems across Europe. It looks at pluralism internal to national legal systems before considering constitutional pluralism in the European Union, as well as global legal pluralism. Flowing through preceding chapters is the movement from decentralized community law to the consolidation of law within the territorial state—with regime law absorbing or trying to suppress or recognizing or accommodating or turning a blind eye to resilient forms of lived community law. The chapter leaves aside community law to center on the state legal system itself, and thereafter on manifestations of cross-polity laws. As with previous chapters, the focus is on legal pluralism while questioning the image of the monist law state. Unlike previous chapters, which have been largely descriptive, the last part of the chapter is more analytical and critical in discussing global legal pluralism.

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.

Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

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