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| 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 | : 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 | : 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 | : Giselle Corradi |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 272 |
| Release | : 2017-05-18 |
| Genre | : Law |
| ISBN | : 1849467714 |
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 | : 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 | : Rikke Jensen |
| Publisher | : |
| Total Pages | : 117 |
| Release | : 2004 |
| Genre | : |
| ISBN | : |
Download Universal Human Rights and Diversity Book in PDF, ePub and Kindle
| Author | : Kyriaki Topidi |
| Publisher | : Routledge |
| Total Pages | : 284 |
| Release | : 2018-06-13 |
| Genre | : Law |
| ISBN | : 1351676490 |
Download Normative Pluralism and Human Rights Book in PDF, ePub and Kindle
The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.
| Author | : International Association for Philosophy of Law and Social Philosophy. World Congress |
| Publisher | : Franz Steiner Verlag |
| Total Pages | : 224 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : 9783515084468 |
Download Pluralism and Law Book in PDF, ePub and Kindle
Contents Brenda M. Baker: Will Kymlicka on Minority Cultures and their Entitlements - Patricia Smith: Legal Reason, Human Rights and Plural Values - B. de Castro Cid: Some paradoxes about collective human rights - Winfried Brugger: The Common Good and Pluralism in the Modern Constitutional State - Carla M. Zoethout: Does the multicultural Society Require New Human Rights? An Appeal to the Ideal of Constitutional Democracy - Valentin Petev: Legal Ought and Moral Ought in a Pluralistic Society - John Mikhail: Islamic Rationalism and the Foundation of Human Rights - Kamal Hossain: Pluralism and the Law, Evolving legal frameworks for change in Muslim societies: some reflections - Kate McMillan: Non-indigenous minority rights in the neo-liberal state: the New Zealand experience - Agnes T. M. Schreiner: Observing the differences - Christoph Eberhard / Nidhi Gupta: Towards a Pluralist and Intercultural Approach to Law: Tackling the Challenge of Women's Rights in India - Cees Maris / Sawitri Saharso: Honour Killing: A Case for Cultural Defence? - Albie Sachs: Towards the Revitalisation of Customary Law in an Egalitarian Constitutional Democracy - Christa Rautenbach: Legal Pluralism versus Gender Equality: The South African Scenario - Marek Smolak: Lustration and Reconciliation. Polish and South African experience - Luiz Fernando Coelho: The Future of Law and the Remembrance of the Future - Stephen C. Hicks: Spirit and Law: the legal person in a post-modern, global, hi-tech world - Barry J. Rodger: Globalisation and the Depoliticisation of Competition Law - David Castle: Legal Ontology and the Conservation of Biodiversity - Keith Culver: Returning to Normal: Can Corrective Justice Be Achieved When Genetically Modified Salmon Escape and Do Damage? - Willemien du Plessis / Johan Nel: Environmental Framework Law: a strategy towards integrating pluralistic legislation - Kimmo Nuotio: Making Sense of the aeInternational' and the aeRegional' in Criminal Law and Criminal Policy.
| Author | : International Association for Philosophy of Law and Social Philosophy. World Congress |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 402 |
| Release | : 2001-06-30 |
| Genre | : Law |
| ISBN | : 9780792370390 |
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What can we say about justice in a pluralist world? Is there some universal justice? Are there universal human rights? What is the function of the state in the modern world? Such are the problems dealt with by the 20th world congress of the International Association for Philosophy of Law and Social Philosophy (Amsterdam, June 2001) and published in this book, which is for legal and social philosophers, students of human rights, and political philosophers.
| Author | : Eva Brems |
| Publisher | : |
| Total Pages | : 18 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
Download Legal Pluralism As a Human Right And/or As a Human Rights Violation Book in PDF, ePub and Kindle
International human rights law is a complex multilayered reality that can be analysed in terms of legal pluralism. The paper submits that it is highly relevant for scholars of human rights law to study human rights law as an integrated whole: looking amongst others at issues of consistency and alignment as well as divergence, at gaps in the overall protection system, and at all kinds of cross-cutting or isolated dynamics.One such inconsistency in international human rights law concerns the attitude towards the recognition of legal pluralism, in the sense of an official legal system making room for a system of 'traditional law', a term which I intend to cover indigenous law, customary law as well as religious law. There is one field of international human rights law (the global regime concerning the rights of indigenous peoples, as laid down in ILO Convention 169 (1989) concerning Indigenous and Tribal Peoples in Independent Countries and in the United Nations Declaration on the Rights of Indigenous Peoples (2007)) that considers such a recognition as mandatory, and non-recognition as a violation of human rights. And there is another field of international human rights law (ECtHR case law) that considers such a recognition as a violation of human rights. The paper details each of these positions before examining whether their co-existence within international human rights law is sustainable or not.
