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| Author | : René Provost |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 293 |
| Release | : 2012-08-10 |
| Genre | : Law |
| ISBN | : 9400747101 |
Download Dialogues on Human Rights and Legal Pluralism Book in PDF, ePub and Kindle
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
| Author | : René Provost |
| Publisher | : |
| Total Pages | : 304 |
| Release | : 2012 |
| Genre | : |
| ISBN | : 9789400747111 |
Download Dialogues on Human Rights and Legal Pluralism Book in PDF, ePub and Kindle
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights' focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions
| Author | : Giselle Corradi |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 272 |
| Release | : 2017-05-18 |
| Genre | : Law |
| ISBN | : 1849467722 |
Download Human Rights Encounter Legal Pluralism Book in PDF, ePub and Kindle
This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.
| Author | : Yüksel Sezgin |
| Publisher | : LIT Verlag Münster |
| Total Pages | : 203 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 3643999054 |
Download Human Rights and Legal Pluralism Book in PDF, ePub and Kindle
'Human Rights and Legal Pluralism' opens with an article on how to integrate human rights into customary and religious legal systems generally before looking at a 'tribal' women's forum in South Rajastan, customary justice in Sierra Leone, indigenous justice systems in Latin America and deep legal pluralism in South Africa.
| Author | : Professor Kirsten Anker |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 249 |
| Release | : 2014-10-28 |
| Genre | : Law |
| ISBN | : 1472406265 |
Download Declarations of Interdependence Book in PDF, ePub and Kindle
This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation. With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of scholarship in addition to legal theory, from philosophy, literary studies, anthropology, social theory, Indigenous studies and art. As a contribution to legal theory, the study advances legal pluralist approaches not just by imagining a way to ‘make space for’ Indigenous legal traditions, but by actually working with their insights in building theory. The book will be of value to students and researchers interested in Indigenous rights as well as those working in the areas of socio-legal studies, legal pluralism and law and cultural diversity.
| Author | : Nico Krisch |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 383 |
| Release | : 2010-10-28 |
| Genre | : Law |
| ISBN | : 0199228310 |
Download Beyond Constitutionalism Book in PDF, ePub and Kindle
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
| Author | : Brian Z. Tamanaha |
| Publisher | : Cambridge University Press |
| Total Pages | : 271 |
| Release | : 2012-05-28 |
| Genre | : Law |
| ISBN | : 1107019400 |
Download Legal Pluralism and Development Book in PDF, ePub and Kindle
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.
| Author | : Damian Gonzalez-Salzberg |
| Publisher | : Routledge |
| Total Pages | : 275 |
| Release | : 2019-06-13 |
| Genre | : Law |
| ISBN | : 0429889364 |
Download Research Methods for International Human Rights Law Book in PDF, ePub and Kindle
The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.
| Author | : Dr Angus J L Menuge |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 364 |
| Release | : 2013-08-28 |
| Genre | : Political Science |
| ISBN | : 1472402480 |
Download Legitimizing Human Rights Book in PDF, ePub and Kindle
When does the exercise of an interest constitute a human right? The contributors to Menuge’s edited collection offer a range of secular and religious responses to this fundamental question of the legitimacy of human rights claims. The first section evaluates the plausibility of natural and transcendent foundations for human rights. A further section explores the nature of religious freedom and the vexed question of its proper limits as it arises in the US, European, and global contexts. The final section explores the pragmatic justification of human rights: how do we motivate the recognition and enforcement of human rights in the real world? This topical book should be of interest to a range of academics from disciplines spanning law, philosophy, religion and politics.
| Author | : Kalindi Kokal |
| Publisher | : Routledge |
| Total Pages | : 200 |
| Release | : 2021-03-31 |
| Genre | : Customary law |
| ISBN | : 9780367726829 |
Download State Law, Dispute Processing And Legal Pluralism Book in PDF, ePub and Kindle
This book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen's community belonging to the caste of Hindu Machimār Koḷīs in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotiā, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.
