Legal Pluralism in Central Asia, Sadyrbek, Mahabat

Автор: Berman
Название: Global Legal Pluralism
ISBN: 1107651506 ISBN-13(EAN): 9781107651500
Издательство: Cambridge Academ
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Цена: 49630.00 T
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Описание: This book proposes a multidisciplinary approach that seeks to grapple with the pluralist reality rather than ignoring it, as both nation-state sovereigntists and international law triumphalists tend to do. It addresses both public and private law subjects and the interactions of both formal law and informal norms.

Автор: Tamanaha
Название: Legal Pluralism and Development
ISBN: 1107690900 ISBN-13(EAN): 9781107690905
Издательство: Cambridge Academ
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Цена: 33790.00 T
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Описание: Academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades. This book brings together contributions from academics and practitioners to explore the implications of legal pluralism for legal development.

Автор: Giselle Corradi, Eva Brems, Mark Goodale
Название: Human Rights Encounter Legal Pluralism: Normative and Empirical Approaches
ISBN: 1849467617 ISBN-13(EAN): 9781849467612
Издательство: Bloomsbury Academic
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Цена: 84480.00 T
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Описание: This collection deals with the intricacies of enhancing access to human rights in a world that is to a large extent characterised by legal pluralism, ie the co-existence and interaction of various legal orders in the same field of social relations. The point of departure is that the promotion of human rights is a desirable, yet complex undertaking, and that the insights generated within the scholarly tradition of legal pluralism and the ‘universality debate’ can help elucidate the issues at stake. Aware of numerous misunderstandings and of the mutual suspicion that exists between human rights scholars and legal anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between them. In that endeavour, both legal pluralism and human rights are problematised. Rather than analysing whether legal pluralism is compatible with human rights or whether non-state legal orders either comply with or breach international standards, this book focuses on the question: how does legal pluralism interplay with the promotion of human rights? The contributors draw on experiences from Latin America, sub-Saharan Africa, Europe, Asia and the Middle East.

Автор: Wojciech Sadurski
Название: Moral Pluralism and Legal Neutrality
ISBN: 9401073600 ISBN-13(EAN): 9789401073608
Издательство: Springer
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Цена: 208700.00 T
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Описание: lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.

Автор: Shahar
Название: Legal Pluralism in the Holy City
ISBN: 1409410528 ISBN-13(EAN): 9781409410522
Издательство: Taylor&Francis
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Цена: 148010.00 T
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Описание: This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population. Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions. The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.

Автор: Tas
Название: Legal Pluralism in Action
ISBN: 113827982X ISBN-13(EAN): 9781138279827
Издательство: Taylor&Francis
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Цена: 35720.00 T
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Описание: This groundbreaking book contributes to, and refocuses, public debates about the incorporation of plural approaches into the English legal system. The book specifically advances the recent, largely theoretical, discussions of Sharia legal practice by examining a secular method of dispute resolution as practised by the Kurdish Peace Committee in London. Following migration to the West, many Kurds still adhere to traditional values and norms. Building on these, they have adapted their customary legal practices to create unofficial legal courts and other forms of legal hybridisation. These practical solutions to the challenges of a pluralistic life are seen by Kurdish communities in the UK as applicable not only to British and transnational daily life, but also as a training ground for institutions in a possible future Kurdish state. The study provides a substantive evidence base using extensive ethnographic data about the workings of the Kurdish Peace Committee, examining detailed case studies in the context of the customs and practices of the Kurdish community. Based on an ethnographic and interdisciplinary approach, this book will be of interest to policy makers, socio-legal professionals, students and scholars of legal anthropology, ethnic minority law, transnationalism, diaspora, Kurdish, Turkish and Middle Eastern studies.

Автор: Shahar
Название: Legal Pluralism in the Holy City
ISBN: 1138701629 ISBN-13(EAN): 9781138701625
Издательство: Taylor&Francis
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Цена: 57150.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population. Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions. The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.

Автор: Giselle Corradi, Eva Brems, Mark Goodale
Название: Human Rights Encounter Legal Pluralism: Normative and Empirical Approaches
ISBN: 1509932232 ISBN-13(EAN): 9781509932238
Издательство: Bloomsbury Academic
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Цена: 30610.00 T
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Описание: This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

Автор: Kokal, Kalindi
Название: State law, dispute processing and legal pluralism
ISBN: 1138625213 ISBN-13(EAN): 9781138625211
Издательство: Taylor&Francis
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Цена: 148010.00 T
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Описание: This book presents an ethnography of dispute processing by non-state forums and actors in rural India.

Автор: Berman Paul Schiff
Название: The Oxford Handbook of Global Legal Pluralism
ISBN: 0197516742 ISBN-13(EAN): 9780197516744
Издательство: Oxford Academ
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Цена: 371290.00 T
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Описание: Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and
maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations.

Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely
create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without
requiring assimilation and uniformity.

Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring
together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists.

Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal
pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for
scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.

Автор: Tamanaha Brian Z.
Название: Legal Pluralism Explained: History, Theory, Consequences
ISBN: 019086155X ISBN-13(EAN): 9780190861551
Издательство: Oxford Academ
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Цена: 145530.00 T
Наличие на складе: Нет в наличии.
Описание: 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.

Автор: Yang Justin Su-Wan
Название: Domestic Legal Pluralism and the International Criminal Court: The Case of Shari`a Law in Nigeria
ISBN: 0367767279 ISBN-13(EAN): 9780367767273
Издательство: Taylor&Francis
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Цена: 148010.00 T
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Описание: This book explores how the unique historical development of Islamic Shari`a criminal law alongside English common law in northern Nigeria has created a hybridised criminal legal system through a pluralist dynamic of mutual accommodation. It studies how this system may potentially be accommodated by the International Criminal Court.