Описание: This collection deals with the intricacies of enhancing access to human rights in a world that is to a large extent characterised by legal pluralism, ie the co-existence and interaction of various legal orders in the same field of social relations. The point of departure is that the promotion of human rights is a desirable, yet complex undertaking, and that the insights generated within the scholarly tradition of legal pluralism and the ‘universality debate’ can help elucidate the issues at stake. Aware of numerous misunderstandings and of the mutual suspicion that exists between human rights scholars and legal anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between them. In that endeavour, both legal pluralism and human rights are problematised. Rather than analysing whether legal pluralism is compatible with human rights or whether non-state legal orders either comply with or breach international standards, this book focuses on the question: how does legal pluralism interplay with the promotion of human rights? The contributors draw on experiences from Latin America, sub-Saharan Africa, Europe, Asia and the Middle East.
Автор: Ren? Provost; Colleen Sheppard Название: Dialogues on Human Rights and Legal Pluralism ISBN: 9400798121 ISBN-13(EAN): 9789400798120 Издательство: Springer Рейтинг: Цена: 25853.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Exploring the ways in which legal pluralism and human rights can be at once mutually reinforcing, delegitimizing, or mutually competitive, this collection of perspectives moves the debate on human rights beyond the limited scope of citizen-state relations.
Автор: Wojciech Sadurski Название: Moral Pluralism and Legal Neutrality ISBN: 0792305655 ISBN-13(EAN): 9780792305651 Издательство: Springer Рейтинг: Цена: 31305.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
Название: Legal pluralism and indian democracy ISBN: 1138230782 ISBN-13(EAN): 9781138230781 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book:
charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region;
explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law's continuing popularity (both pragmatic and ideological) and common law;
brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and
highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women's rights.
Part of the prestigious 'Transition in Northeastern India' series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.
Название: Legal pluralism and conflicts of human rights ISBN: 1138056596 ISBN-13(EAN): 9781138056596 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
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.
Автор: Tas Название: Legal Pluralism in Action ISBN: 113827982X ISBN-13(EAN): 9781138279827 Издательство: Taylor&Francis Рейтинг: Цена: 5358.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This groundbreaking book contributes to, and refocuses, public debates about the incorporation of plural approaches into the English legal system. The book specifically advances the recent, largely theoretical, discussions of Sharia legal practice by examining a secular method of dispute resolution as practised by the Kurdish Peace Committee in London. Following migration to the West, many Kurds still adhere to traditional values and norms. Building on these, they have adapted their customary legal practices to create unofficial legal courts and other forms of legal hybridisation. These practical solutions to the challenges of a pluralistic life are seen by Kurdish communities in the UK as applicable not only to British and transnational daily life, but also as a training ground for institutions in a possible future Kurdish state. The study provides a substantive evidence base using extensive ethnographic data about the workings of the Kurdish Peace Committee, examining detailed case studies in the context of the customs and practices of the Kurdish community. Based on an ethnographic and interdisciplinary approach, this book will be of interest to policy makers, socio-legal professionals, students and scholars of legal anthropology, ethnic minority law, transnationalism, diaspora, Kurdish, Turkish and Middle Eastern studies.
Автор: Shahar Название: Legal Pluralism in the Holy City ISBN: 1138701629 ISBN-13(EAN): 9781138701625 Издательство: Taylor&Francis Рейтинг: Цена: 8573.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population. Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions. The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.
Описание: This collection of essays explores the complex relationship between religion and multiculturalism and the role of the state and law in the creation of boundaries.
Автор: Nehushtan Yossi Название: Intolerant Religion in a Tolerant-Liberal Democracy ISBN: 1509920080 ISBN-13(EAN): 9781509920082 Издательство: Bloomsbury Academic Рейтинг: Цена: 4750.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Now available in paperback This book examines and critically analyzes the role that religion has and should have in the public and legal sphere. The main purpose of the book is to explain why religion, on the whole, should not be tolerated in a tolerant-liberal democracy, and to describe exactly how it should not be tolerated-mainly by addressing legal issues. The main arguments of the book are, first, that as a general rule illiberal intolerance should not be tolerated; secondly, that there are meaningful, unique links between religion and intolerance, and between holding religious beliefs and holding intolerant views (and ultimately acting upon these views); and thirdly, that the religiosity of a legal claim is normally a reason, although not necessarily a prevailing one, not to accept that claim. Subject: Legal Philosophy, Constitutional & Administrative Law, Human Rights Law]
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