(Ebook PDF) Legal Pluralism Explained History Theory Consequences 1st edition by Brian Tamanaha 0190861584 9780190861582 full chapters

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ISBN-10 :  0190861584 

ISBN-13 :  9780190861582

Author : Brian Z. Tamanaha 

Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women’s rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship.A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralism—which this book aims to clarify and help resolve. Drawing on historical and contemporary studies—including the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as others—it shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.

Legal Pluralism Explained: History, Theory, Consequences 1st Table of contents:

1. Legal Pluralism in Historical Context
How Empires Create Legal Pluralism
Personal (Community) Law During and After the Roman Empire
Legal Pluralism of the High Middle Ages
Crystallization of the Law State
Millets in the Ottoman Empire
Capitulations and Extraterritoriality Across the World
Manifold Legal Pluralism in the Ottoman Empire
The British East India Company Law State
Uses and Abuses of the Monist Law State Image
2. Postcolonial Legal Pluralism
Colonial Indirect Rule
The Transformation-Invention of Customary Law
Socially Embedded Informal Village Tribunals
Enhancing Power of Traditional Elites
Uncertainty and Conflict Over Land
Customary and Religious Law Clash with Human Rights
Recent Turn to Non-State Law by Development Agencies
Social, Cultural, Economic, Political, and Legal Pluralism
The Rule of Law and Legal Pluralism
3. Legal Pluralism in the West
Romani Law
Native Law in New Zealand, Canada, Australia, and the United States
Rabbinical Courts and Sharia Tribunals
Community Law and Territorial State Law
4. National to Transnational Legal Pluralism
Legal Pluralism in the United States Legal System
Legal Pluralism in European Legal Systems
Constitutional Pluralism of the European Union
The Continuity of Legal Pluralism in US and EU Law
Abstract Legal Pluralism of MacCormick
Global/Transnational Legal Pluralism
Doubts about “Global Legal Pluralism”
Global Legal Pluralism of Teubner and Santos
Theoretical Mapping
The Value of “Global Legal Pluralism”
5. Abstract versus Folk Legal Pluralism
Discarding Strong versus Weak Legal Pluralism
Differences between Abstract and Folk Legal Pluralism
Ehrlich’s “Living Law”
Law of Social Associations
Repudiation by Moore and Griffiths
Institutionalized Norm Enforcement
Over- and Under-Inclusiveness of Functional Analysis
Postmodern Legal Pluralism
Folk Law in Social-Historical Terms Tied to Social Complexity
Conclusion: Legal Pluralism Explained

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