Legal pluralism
Legal pluralism is the existence of multiple
History
When the systems developed, the idea was that certain issues (such as commercial transactions) would be covered by colonial law, and other issues (family and marriage) would be covered by traditional law.[2] Over time, those distinctions tended to break down, and individuals would choose to bring their legal claims under the system that they thought would offer them the best advantage.
Current practice
Legal pluralism also occurs when different laws govern different groups within a country. For example, in India and Tanzania, there are special Islamic courts that address concerns in Muslim communities by following Islamic law principles. Secular courts deal with the issues of other communities.
Since modern Western legal systems can also be pluralistic,[3] it is misleading to discuss legal pluralism only in relation to non-Western legal systems. Legal pluralism may even be found in settings that might initially appear legally homogenous. For example, there are dual ideologies of law within courthouses in the US, as the formal ideology of law as it is written exists alongside the informal ideology of law as it is used.[4] The discussion on the internal and external plurality of legal systems is called sociology of law.
Sources of Islamic law include the
Legal pluralism also exists to an extent in societies where the legal systems of the
There is some concern that traditional legal systems and Muslim legal systems fail to promote women's rights. As a consequence, members of the Committee on the Elimination of Discrimination against Women (CEDAW) have called for a unification of legal systems within countries.
In the Theory of Law
In
This concept of legal pluralism where the law is seen as one of many legal orders has been criticized. Roberts argued that the concept of law was intrinsically linked to the notion of the state so these legal orders should not be considered similar to law.[7]: 41 [9] On the other hand, Tamanaha and Griffiths have argued that law should only be studied as a particular form of social order together with other rules that govern social systems, abandoning the concept of law as something worth studying.[7]: 45 [10]
See also
- Customary law
- International customary law
- Journal of Legal Pluralism
- Legal dualism
- List of national legal systems
- Polycentric law
- Sociology of law
References
- ISBN 978-1-135-23640-3.
- .
- ^ See Griffiths, John (1986) "What is Legal Pluralism" in Journal of Legal Pluralism 24: 1-55.
- .
- ^ Kazemzadeh, Hamed (January 2018). "Hamed Kazemzadeh: Pluralism in Ideological Peacebuilding". Internal Journal of Acpcs.
- ^
- ^ )
- ISSN 0732-9113.
- ISSN 0732-9113.
- ISSN 1467-6478.
This article includes a list of general references, but it lacks sufficient corresponding inline citations. (February 2009) |
Further reading
- ISBN 0-472-11315-1
- Benda-Beckmann, K. von. 1981. “Forum Shopping and Shopping Forums: Dispute Processing in Minangkabau Village.” Journal of Legal Pluralism 19: 117-159.
- Channock, M. 1985. Law, Custom, and Social Order: The Colonial Experience in Malawi and Zambia. New York: Cambridge University Press.
- Merry, Sally Engle. 1988. “Legal Pluralism.” Law & Society Review 22: 869-896
- Sierra, Maria Teresa. 1995. “Indian Rights and Customary Law in Mexico: A Study of the Nahuas in the Sierra de Puebla.” Law & Society Review 29(2):227-254.
- Speelman, G. 1995. “Muslim Minorities and Shari’ah in Europe”. Pp. 70–77 in Tarek Mitri (Ed.), Religion, Law and Society. Geneva, Switzerland: World Council of Churches.
- Kazemzadeh, H. 2018. “Pluralism in Ideological Peacebuilding”, Kazemzadeh, Hamed (January 2018). "Internal Journal of ACPCS"..
- Starr, June, and Jonathan Pool. 1974. "The Impact of a Legal Revolution in Rural Turkey." Law & Society Review: 533-560.
- Tamanaha, Brian Z., Caroline Sage, and Michael Woolcock, eds. 2012. Legal Pluralism and Development: Scholars and Practitioners in Dialogue. Cambridge, UK: Cambridge University Press. ISBN 9781107019409
- Tamanaha, Brian Z. 2021. Legal Pluralism Explained: History, Theory, Consequences. New York: Oxford University Press. ISBN 9780190861551
External links
- McGill Centre for Human Rights and Legal Pluralism, Faculty of Law [1]