Legal Pluralism
Legal Pluralism and Women's Rights after Conflict: The Role of CEDAW
... Part I canvasses the unique challenges women face in accessing justice in legally pluralistic, post-conflict states. Part II argues that on the basis of human rights law and empirical reality it is necessary to ensure ...
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Legal Norm Protection for Inter-Faith Marriage of In Indonesia In The Framework of Legal Pluralism
... the legal requirement of a marriage is done based on the law of each religion and ...of legal pluralism in Indonesia, especially pluralism in the field of religion and ...
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The Challenge of the Cultural Diversity in Mexico Through the Official Recognition of Legal Pluralism
... Formal legal pluralism is introduced when governments officially recognize the existence of distinct indigenous groups, ethnic or minority groups in their country and accord them the right to apply and ...
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The relationship between legal pluralism and the rule of law in South Africa and Timor Leste
... of legal pluralism exists, in that forms of non-state law, such as customary law, operate in parallel with state law and are preferred by a large proportion of the ...of legal pluralism is the ...
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The Ahistoricism of Legal Pluralism in International Criminal Law
... inter-connected legal systems, one national the other ...of Legal Pluralism in ICL since power decoupled the relationship between ICL and a genuine plurality of social and cultural values by first ...
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States And Group Rights: Legal Pluralism And The Decentralization Of Judicial Power
... with legal pluralism by delegating power to group-based law; so the remainder of this work builds a theory to explain under what conditions states devolve or share judicial power with ethnic or religious ...
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Legal Pluralism and Cultural Religions in Canada
... a legal policy in such a way that a horrendous crime would be considered an affront to humanity, and the responsibility of the State to enforce this ...place legal pluralism and cultural relativism ...
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Legal Pluralism, uBuntu and the Use of Open Norms in the South African Common Law of Contract
... changing legal needs of the community due to the influx of foreigners (especially foreign traders) into ...flexible legal procedures and a more normative approach to these legal transactions to ...
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Legal Pluralism in Contemporary States: Between Traditional and Formal Justice Mechanisms in Nigeria and Côte d’Ivoire
... explore legal pluralism in modern African ...the legal procedures are difficult to under- stand, coupled with the fact that court houses are mostly located in the ...
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Legal Pluralism in Theory and Practice
... Legal pluralism does not disappear in a state with a high-capacity, effective legal system, but it is ...high-capacity legal systems choose to allow private arbitration, mediation, and other ...
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Legal Pluralism and Normative Transfer
... To explain the importance of this point in terms of the overall argument it is necessary to revisit the categories established by the concept’s founding father, John Griffiths, namely weak and strong legal ...
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Pancasila as a Scientific Paradigm for Studying Legal Pluralism in Indonesia: a Literary Perspective
... of legal pluralism is still a polemic in ...of legal pluralism. First, legal pluralism presents as a criticism toward centralism and positivism of the application of law to the ...
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Legal pluralism? Indigenous rights as legal constructs
... global legal system as a whole. Rising recognition of a plurality of legal subjects and a plurality of legal rights can be viewed as an external reflection of the growing penetration of the ...
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Legal Pluralism, Capital and Democracy
... Legal pluralism is generally defined as the presence in a social field of more than one legal order (Griffiths 1986:1; Merry ...how legal norms may arise outside or independently of the state ...
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Large-Scale Land Acquisitions and Legal Pluralism in Africa: The Case of Zambia and Ghana
... concern surrounding land deals, notwithstanding the lack of official data on them. The field research conducted in the country aimed to identify the process through which foreign investors may access land – and to ...
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Family Law, minorities and legal pluralism: Should English Law give more recognition to Islamic Law?
... 3. Finally, recognition can only be advanced through a process of dialogue, discussion and interaction between those that are the proponents of both these legal disciplines. The dialogue of the inter-law body ...
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The New Deal Origins of American Legal Pluralism
... thus searching for an approach that would better mediate the de- mands of particularism and universalism. Coinciding with his work on the ICCA, his quest ultimately led him to articulate an ideal of comparative ...
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Customary law and legal pluralism in the Roman Empire: The status of peregrine law in Egypt: Customary law and legal pluralism in the Roman Empire
... the legal practice of the local ...the legal status of this peregrine law - in a province that lacked civitates proper until 200 ce, and whose inhabitants were mostly peregrini nullius civitatis - is a ...
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The Impact of Legal Pluralism on Women's Status: An Examination of Marriage Laws in Egypt, South Africa, and the United States
... 141. By discriminating against women, customary law marriage contravenes the Promotion of Equality and Prevention of Unfair Discrimination Act of 2002, which gives effe[r] ...
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Comparative Methodology and Pluralism in Legal Comparison in a Global Age
... “legal pluralism” Griffiths refers to “the presence of a social field of more than one legal order” (Griffiths, ...of legal pluralism could characterise a cultural tradition and ...
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