Legal Pluralism and Development : Scholars and Practitioners in Dialogue.

Legal Pluralism and Development : Scholars and Practitioners in Dialogue.

This book brings together contributions from academics and practitioners to explore the implications of legal pluralism for legal development.

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Bibliographic Details
Main Author: Tamanaha, Brian Z.
Other Authors: Sage, Caroline, Woolcock, Michael
Format: eBook
Language:English
Published: Cambridge : Cambridge University Press, 2012.
Subjects:
Legal polycentricity > Economic aspects.
Law and economic development.
LAW > General.
Law and economic development
Online Access:Click for online access
Table of Contents:
  • LEGAL PLURALISM AND DEVELOPMENT; Title; Copyright; Contents; Contributors; SCHOLARS; PRACTITIONERS; Preface; CAROLINE SAGE AND MICHAEL WOOLCOCK; BRIAN Z. TAMANAHA; Acknowledgments; Introduction: Legal Pluralism and Development Policy: Scholars and Practitioners in Dialogue; WHY IS ENGAGING WITH LEGAL PLURALISM SO DIFFICULT FOR DEVELOPMENT AGENCIES?; LEGAL PLURALISM AS A DEVELOPMENT ISSUE; ENHANCING THE DIALOGUE BETWEEN LEGAL PLURALISM SCHOLARSHIP AND PRACTICE; CONCLUDING REMARKS; REFERENCES; PART I: Origins and Contours; 1: Historical Perspectives on Legal Pluralism; INTRODUCTION.
  • JURISDICTIONAL POLITICSLEGAL POSTURING; PLURALISM AND GLOBAL ORDER; DEVELOPMENT AND LEGAL PLURALISM; CONCLUSION; REFERENCES; 2: The Rule of Law and Legal Pluralism in Development; STATE LEGAL SYSTEMS IN DEVELOPMENT; THE RULE OF LAW BRIEFLY; LEGAL PLURALISM INVOLVING CUSTOM, TRADITION, AND RELIGION; LEGAL PLURALISM INVOLVING CAPITALISM AND LIBERAL RIGHTS; THE UNIQUE QUALITIES OF LEGAL PLURALISM IN DEVELOPMENT; INSTRUMENTALISM AND UNCERTAINTY; DEVELOPMENT ACTIVITIES AND LEGAL PLURALISM; REFERENCES; 3: Bendable Rules: The Development Implications of Human Rights Pluralism; ENDS AND MEANS.
  • PURPOSETHE INHERENT ELASTICITY OF HUMAN RIGHTS; THE SIGNIFICANCE OF NONLEGAL DIMENSIONS; GRAMMATICAL FEATURES OF HUMAN RIGHTS LAW; CONCLUSION; REFERENCES; 4: Legal Pluralism and Legal Culture: Mapping the Terrain; THE CONCEPT OF LEGAL PLURALISM; LEGAL CULTURE; LEGAL CONSCIOUSNESS; LEGAL MOBILIZATION; A CASE STUDY OF LEGAL PLURALISM: THE NARI ADALAT; LEGAL PLURALISM AND THE NARI ADALAT; CONCLUSIONS; REFERENCES; 5: Toward Equity in Development When the Law Is Not the Law: Reflections on Legal Pluralism in Practice; LAND IN CAMBODIA: A CASE OF MULTIPLE COMPETING NORMS.
  • CURRENT REGULATORY APPROACHES: SUCCESSES AND LIMITATIONSCONFLICT AND CONFLICT RESOLUTION; CONCLUSION; REFERENCES; PART II: Theoretical Foundations and Conceptual Debates; 6: Sustainable Diversity in Law; I. THE CONCEPTS DEPLOYED IN LAW AND DEVELOPMENT; A. Development; B. Customary Law; C. The Rule of Law; D. Legal Pluralism; II. SUSTAINABLE DIVERSITY IN LAW; A. Techniques of Sustainable Diversity in Law; B. Critiques and Justification of Sustainable Diversity in Law; CONCLUSION; REFERENCES; 7: Legal Pluralism 101; I. INTRODUCTION; II. SOME BASIC CONCEPTS; Pluralism; Individuation.
  • Normative Pluralism5State Centralism (or Centrism); Recognition17; II. SOCIAL FACT LEGAL PLURALISM; Social Fact Conceptions of Legal Pluralism: An Ideal Type; Normativity; III. GLOBAL LEGAL PLURALISM
  • A NEW "PARADIGM"?; IV. CONCLUSION; APPENDIX; A. Western Traditions of Academic Law: Some Simplistic Assumptions30; B. Levels of Law31; REFERENCES; 8: The Development "Problem" of Legal Pluralism: An Analysis and Steps toward Solutions; WHY IS LEGAL PLURALISM SEEN AS A PROBLEM?; TOWARD AN ANALYSIS OF ELEMENTS OF LEGAL PLURALISM; POSSIBLE "SOLUTIONS."

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