Applied legal pluralism : processes, driving forces and effects

Full Title:

Applied legal pluralism : processes, driving forces and effects

Author:

Otis, Ghislain,

Other Author:

Leclair, Jean.
Thériault, Sophie.

Statement of Responsibility:

By Ghislain Otis, Jean Leclair, Sophie Thériault

Language:

English

Description:

xi, 269 p.

Summary:

This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge...

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Summary:

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This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism – defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes.　 The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors　circumscribing the action of systems　and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals.　The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice.　Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of　the intricate patterns of state and non-state practices with respect to legal pluralism. As the book’s non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences.

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Contents:

• Introduction • 1.Definitions and terminological consideration • 2.A descriptive and exegetical approach • 3.Normative relevance • Chapter 1 Processes of legal pluralism management •...

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Contents:

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• Introduction • 1.Definitions and terminological consideration • 2.A descriptive and exegetical approach • 3.Normative relevance • Chapter 1 Processes of legal pluralism management • Introduction • 1.Management through the articulation of systems • 2.Management through the adaptation of systems • Conclusion • Chapter 2 Parameters of action in a context of legal pluralism • Introduction • 1.Factors structuring action in a context of legal pluralism • 2.The influence of the vitality of legal systems on State and Non-State Actors • Conclusion • Chapter 3 The effects of legal pluralism management • Introduction • 1.The effects of non-management • 2. The effects of management processes on managing systems • 3. The effects of management processes on individuals • 4. The effects of management processes on the system of reference • Conclusion • Realities and myths of legal pluralism management • 1. Free pluralism and managed pluralism • 2. The limits of "do-it-yourself" pluralism • 3. The State’s ordering capacity defused by the autonomy of systems • 4. The pluralist management of pluralism • 5. Beyond legal pluralism • Bibliography

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Publisher & Date:

London ; New York : Routledge, 2023.

Date of Publication:

2023

Publisher:

Routledge

Classification:

C 27

ISBN:

9781032263960
9781032263977 (pbk)
9781003288114 (ebook)