scholarly journals The rule of law, legal pluralism, and challenges to a Western-centric view: Some very preliminary observations

2018 ◽  
pp. 57-74
Author(s):  
Peer Zumbansen
Keyword(s):  
Rule Of Law ◽  
Legal Pluralism ◽  
The Rule Of Law

Global Legal Pluralism and the Rule of Law

2020 ◽  
pp. 363-382
Author(s):  
David Lefkowitz
Keyword(s):  
Political Theory ◽  
Rule Of Law ◽  
Legal Pluralism ◽  
Legal Order ◽  
Individual Autonomy ◽  
The Rule Of Law ◽  
Regulatory Regimes ◽  
Legal Subjects ◽  
The Ideal

A vibrant debate has recently emerged among legal theorists regarding the desirability of legal pluralism: the existence of distinct regulatory regimes that make overlapping claims to authority. While Monists maintain that we should strive to forge a unitary legal order, Normative Legal Pluralists favour an approach that seeks to manage legal plurality without eliminating it. This chapter critically evaluates a common argument Monists level against Normative Legal Pluralism, namely that it conflicts with fidelity to the ideal of the rule of law.Advocates of Normative Legal Pluralism employ three strategies to respond to their rule-of-law critics. First, they attempt to show that a plural legal order fares no worse than a unitary one when measured against the standard of providing legal subjects with certainty and predictability. Second, they argue that increases in tolerance, or respect for the exercise of communal and individual autonomy, warrant whatever diminution in the rule of law Normative Legal Pluralism produces. Finally, they invoke an account of law’s distinctive normativity informed by sociolegal jurisprudence and constructivist political theory to disarm rule of law objections to normative legal pluralism, either by contesting the premises on which they rest or by providing reasons to conclude that the critics’ worries are seriously overdrawn. While the first two strategies fail, the critics underestimate or simply fail to notice Normative Legal Pluralists’ ability to leverage their conception of law’s legitimacy to address rule of law concerns.

scholarly journals Legal Pluralism and the Rule of Law in Timor Leste

2006 ◽  
Vol 19 (2) ◽  
pp. 305-337 ◽  
Author(s):  
LAURA GRENFELL
Keyword(s):  
Rule Of Law ◽  
Legal Pluralism ◽  
The State ◽  
East Timor ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Informal System ◽  
Transitional Countries ◽  
Timor Leste

Many transitional countries face the problem of establishing the rule of law in a weak justice sector where a gulf separates local legal norms from national, constitutional norms that are drawn largely from the international sphere. As a case study of East Timor this article challenges simplistic positivist notions about the normative hierarchy of laws within a constitutionally bounded polity. It argues that in transitional countries such as East Timor legal pluralism is important but must be properly tuned to serve the rule of law. Legal pluralism poses certain dangers when it operates without any of the checks or balances that ensure accountability and the promotion of constitutional values such as equality. The rule of law is not served by an informal system where there are no formal avenues of appeal and thus minimal accountability and transparency. A more promising version of legal pluralism that comports with the rule of law is one that empowers the state to monitor local decisions to ensure that they observe the norms set out in East Timor's Constitution.

Rule of Law, Religious Liberty, and Harmony

2017 ◽  
Vol 5 (3) ◽  
pp. 254-291
Author(s):  
Li-ann Thio
Keyword(s):  
Rule Of Law ◽  
Religious Freedom ◽  
Legal Pluralism ◽  
Case Law ◽  
The State ◽  
Religious Liberty ◽  
The Rule Of Law ◽  
Constitutional Order ◽  
Range Of Values

This article examines the state of regulation of religion within Singapore, which is the world’s most religiously diverse country. It considers how fundamental principles of the rule of law, religious liberty and legal pluralism operate within the constitutional order predicated on communitarianism and accommodative secularism. While the rule of law seeks to vindicate a range of values which requires sameness and satisfies claims for inclusion, limits to it through exemptions and accommodative measures that multiculturalism and pluralism may prescribe can protect differences and satisfy claims to be left alone, outside the sphere of state govenance. Drawing from Singapore case law, legislation and executive policy, it interrogates the question of whether a policy of multicultural and legal pluralism protective of religious freedom can be reconciled with the rule of law, which in this context is closely associated with the quasi constitutional objective of preserving racial and religious harmony.

The Rule of Law and Legal Pluralism in Development

2011 ◽  
Vol 3 (01) ◽  
pp. 1-17 ◽  
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
Rule Of Law ◽  
Legal Pluralism ◽  
The Rule Of Law

Legal Pluralism and the Value of the Rule of Law

2017 ◽  
pp. 294-325 ◽  
Author(s):  
Martin Krygier
Keyword(s):  
Rule Of Law ◽  
Legal Pluralism ◽  
The Rule Of Law

The Rule of Law and Legal Pluralism in Development

2012 ◽  
pp. 34-49 ◽  
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
Rule Of Law ◽  
Legal Pluralism ◽  
The Rule Of Law
Sign in / Sign up

Export Citation Format

Share Document