Legal Pluralism Explained
� History, Theory, Consequences
Författare:Tamanaha Brian Z
Titel:Legal Pluralism Explained � History, Theory, Consequences
Omfång:217 sid.
Förlag:Oxford University Press
Typ av verk:Monografi
Ämnesord:Allmän rättslära , Rättshistoria , Statsvetenskap och politik

Pris: 1076 SEK exkl. moms


Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship.

A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralism—which this book aims to clarify and help resolve. Drawing on historical and contemporary studies—including the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as others—it shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.

- Provides a historical and theoretical explanation of legal pluralism

- An interdisciplinary work that draws from legal history, legal anthropology, legal sociology, transnational and international law, and jurisprudence

- Written clearly and accessibly for non-theorists and for those with no background in legal pluralism

- Clarifies difficult issues in legal sociology and legal theory as to how to identify non-state law

Table of Contents

Introduction: Three Themes

Chapter One: Legal Pluralism in Historical Context

Chapter Two: Postcolonial Legal Pluralism

Chapter Three: Legal Pluralism in the West

Chapter Four: National to Transnational Legal Pluralism

Chapter Five: Abstract Versus Folk Legal Pluralism

Conclusion: Legal Pluralism Explained

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