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Legal Pluralism in Central Asia

Legal Pluralism in Central Asia
Author: Mahabat Sadyrbek
Publisher: Routledge
Total Pages: 238
Release: 2017-12-22
Genre: Social Science
ISBN: 1351375482

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Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan’s predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people’s deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.


Visions of Justice

Visions of Justice
Author: Paolo Sartori
Publisher: BRILL
Total Pages: 408
Release: 2016-11-21
Genre: Law
ISBN: 9004330909

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Visions of Justice offers an exploration of legal consciousness among the Muslim communities of Central Asia from the end of the eighteenth century through the fall of the Russian Empire. Paolo Sartori surveys how colonialism affected the way in which Muslims formulated their convictions about entitlements and became exposed to different notions of morality. Situating his work within a range of debates about colonialism and law, legal pluralism, and subaltern subjectivity, Sartori puts the study of Central Asia on a broad, conceptually sophisticated, comparative footing. Drawing from a wealth of Arabic, Persian, Turkic and Russian sources, this book provides a thoughtful critique of method and considers some of the contrasting ways in which material from Central Asian archives may most usefully be read. Publication in Open Access was made possible by a grant from the Volkswagen Foundation.


Pluralism, Transnationalism and Culture in Asian Law

Pluralism, Transnationalism and Culture in Asian Law
Author: Gary F Bell
Publisher: Flipside Digital Content Company Inc.
Total Pages: 318
Release: 2018-02-14
Genre: Law
ISBN: 9814786675

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This book stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.


Asian Legal Systems

Asian Legal Systems
Author: Poh-Ling Tan
Publisher: Butterworth-Heinemann
Total Pages: 446
Release: 1997
Genre: Civil law
ISBN:

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Legal Pluralism and Governance in South Asia and Diasporas

Legal Pluralism and Governance in South Asia and Diasporas
Author: Livia Holden
Publisher: Routledge
Total Pages: 265
Release: 2016-04-14
Genre: Law
ISBN: 1317607287

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Legal Pluralism and Governance in South Asia and the Diasporas contributes to the already heated debate about legal pluralism and the ontology of law by shifting the attention toward the relationship between what is treated as law and its impact on governance at the fora of dispute resolution. This book addresses sensitive issues such as gender rights and alternative dispute resolution in India, Hindu and Muslim personal laws in South Asia and in Europe, cross-border white violence, the change to Islamic legal traditions under Western domination, women’s inheritance in Pakistan and in the disputed territory of Gilgit Baltistan, indigenous rights and resistance at the India-Bangladesh border, and customary laws of nomadic groups in India. The authors deploy a variety of views that point at the pros and cons of legal pluralism and also integrates its opponents. They show how constructions of identity, religion, and power have historically informed the conceptualisation of secularism which may be an ideal, sometimes able to provide for perceptions of accountable governance, but also generating dividing worldviews. This book was published as a special issue of the Journal of Legal Pluralism and Official Law.


Globalisation and Resistance

Globalisation and Resistance
Author: Christoph Antons
Publisher: Hart Publishing
Total Pages: 328
Release: 2007-05-09
Genre: Law
ISBN: 9781841136813

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In comparing existing research on Eastern and Central Europe, Central Asia and Latin America, it is clear that legal developments in East and South Asian societies are somewhat under-researched. This volume fills a gap in studies of the effects of globalisation and the role of law in processes of globalisation. What the book contributes to the debate is an "area study", that is interdisciplinary research pertaining to a particular geographical or cultural region. The region discussed here presents an ideal testing ground for legal pluralism, for economic, cultural, and political influences on the role of law in development. The 'developmental states' of Asia are regarded as refuting both Latin American dependency theory and classical modernisation theory. They seem to follow quite distinct political, economic and legal developments. However, especially after the Asian Crisis, their approaches have come under intense pressure. The book examines the resulting reform efforts and the tensions they generate in areas such as constitutional and administrative law, commercial law and human rights.


Legal Pluralism and Development

Legal Pluralism and Development
Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
Total Pages: 271
Release: 2012-05-28
Genre: Law
ISBN: 1107019400

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Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.


Legal Pluralism

Legal Pluralism
Author: M. B. Hooker
Publisher: Oxford : Clarendon Press
Total Pages: 634
Release: 1975
Genre: Language Arts & Disciplines
ISBN:

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This study describes the plural systems of those states retaining an indigenous law which have had imposed, or have adopted into themselves, Western laws- such as those inherited from colonial empires or adopted voluntarily in, for example, Turkey, Thailand, and Ethiopia. Attention is also given to the revolutionary change of law in the U.S.S.R and China. Many issues of practical importance are involved in pluralism, includind those of modernization and development of law for economic and development of law for economic and social purposes, as well as conflicts of law and legal theory.


Legal Traditions in Asia

Legal Traditions in Asia
Author: Janos Jany
Publisher: Springer Nature
Total Pages: 492
Release: 2020-04-08
Genre: Law
ISBN: 3030437280

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This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.


The Force of Custom

The Force of Custom
Author: Judith Beyer
Publisher: University of Pittsburgh Press
Total Pages: 222
Release: 2016-12-16
Genre: Social Science
ISBN: 0822981548

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Judith Beyer presents a finely textured ethnographic study that sheds new light on the legal and moral ordering of everyday life in northwestern Kyrgyzstan. Through her extensive fieldwork, Beyer captures the thoughts and voices of local people in two villages, Aral and Engels, and combines these with firsthand observations to create an original ethnography. Beyer shows how local Kyrgyz negotiate proper behavior and regulate disputes by invoking custom, known to the locals as salt. While salt is presented as age-old tradition, its invocation needs to be understood as a highly developed and flexible rhetorical strategy that people adapt to suit the political, legal, economic, and religious environments. Officially, codified state law should take precedence when it comes to dispute resolution, yet the unwritten laws of salt and the increasing importance of Islamic law provide the standards for ordering everyday life. As Beyer further reveals, interpretations of both Islamic and state law are also intrinsically linked to salt. By interweaving case studies on kinship, legal negotiations, festive events, mourning rituals, and political and business dealings, Beyer shows how salt is the binding element in rural Kyrgyz social life, used to explain and negotiate moral behavior and to postulate communal identity. In this way, salt provides a time-tested, sustainable source of authentication that defies changes in government and the tides of religious movements. Beyer's ground-level analysis provides a broad base of knowledge that will be valuable for students and researchers of contemporary Central Asia.