Full Description
This companion provides scholars and upper level students with a comprehensive and authoritative review of current research and thinking about legal pluralism. Leading global experts come together, each presenting a distinctive aspect of legal pluralism, resulting in a book which offers a state of the art reference resource. The first part includes broadly theoretical perspectives on legal pluralism and addresses whether legal pluralism is a theory, methodology, a tool of analysis, a descriptive or a normative concept, or a mixture of any of these. This part also includes a specific focus on leading theorists who have made a profound contribution to understanding of the field. The second part includes chapters on distinct legal traditions e.g. Jewish law, Western law, Islamic law, Hindu law, Chinese law, etc. and demonstrates how and to what extent these legal traditions are inherently legally plural and how legal pluralism has any purchase for describing, studying or analyzing them. The third part approaches legal pluralism from various jurisdictional positions, via a series of country studies showing how legal pluralism contributes to a better understanding of the functioning of these legal orders. The authors offer a historical approach and discuss the impact of the reception of foreign laws; the role of legal education; the existence of plural court systems and plural bodies of laws. They also discuss key legal formants introduced through religion, state practices, the presence of tribal and ethnic communities and their practices, and settler colonialism.
Contents
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