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Forum-shopping and shopping forums in Indian purse seine fisheries – an analysis of the upper ranges of a sociolegal law process The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-04-15 Maarten Bavinck
This paper enquires into the dispute resolution process of an important marine fishery in Tamil Nadu, India, in the current era. It makes use of insights drawn from Benda-Beckmann’s seminal paper (...
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Ecosystems, watersheds and water rights in Cajamarca, Peru The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-04-08 Patricia Urteaga-Crovetto
In contested environments, the importance of water transcends its status as a mere resource to comprise the ecosystem and the watershed. Farmers and ronderos in Santa Cruz, Cajamarca, who face the ...
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Acknowledgement to our reviewers in 2023 The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-03-29
Published in Legal Pluralism and Critical Social Analysis (Vol. 56, No. 1, 2024)
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From the editors: exploring legal pluralism in urban settings The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-03-23
Published in Legal Pluralism and Critical Social Analysis (Vol. 56, No. 1, 2024)
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Misunderstanding the Ngen Kintuantü: a study from the legal pluralism of water rights in the conflict around Statkraft’s hydroelectric power plants on the Pilmaiquén River, Futawillimapu, Chile The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-03-19 Felipe Andrés Guerra-Schleef
This paper draws analytical attention to the debates on legal pluralism to understand Mapuche-Williche expressions of water rights in southern Chile in the context of Chile’s environmental institut...
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Aligning religious law and state law: negotiating legal Muslim marriage in Pasuruan, East Java The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-03-04 Moh. Ferdi Hasan
Published in Legal Pluralism and Critical Social Analysis (Ahead of Print, 2024)
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Legal pluralism in the urban realm: an introduction The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-03-01 Carolien Jacobs, Danielle Chevalier, Michiel Stapper
Published in Legal Pluralism and Critical Social Analysis (Vol. 56, No. 1, 2024)
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Ciels au-delà du ciel. La Chine et les Chinois: croiser nos regards The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-02-27 Patricia Signorile
Published in Legal Pluralism and Critical Social Analysis (Ahead of Print, 2024)
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“I refer to it as throwing wads”: strategic use of multiple normative orders to manage touristification of consumption spaces in Amsterdam The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-02-21 Iris W. Hagemans, Bas Spierings, Jesse Weltevreden, Pieter Hooimeijer
As multifunctional places that combine shopping and hospitality with public space and residential functions, urban consumption spaces are sites where different normative orders surface and sometime...
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Cultural expertise, hate speech, and the far right: the Slovak Mazurek case The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-02-12 Max Steuer
This article offers a case study of Slovakia focusing on the Mazurek case, the first criminal conviction of an incumbent Slovak far-right MP of hate speech. My explorative analysis uses data from m...
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What space for the dead? The making of burial places for and by religious minorities in The Netherlands The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-02-13 Nadia Sonneveld, Dorien Conway
In this article, we examine how religious minorities in the densely populated Netherlands manage burial norms in the face of scarcity of land. Using legal pluralism, we explore how local and nation...
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Transformative spaces: peri-urban domains, legal pluralism and land in Botswana The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-02-09 Anne Griffiths
This paper explores how the classification of urban and rural space is enshrined in the formal legal system of Botswana involving multiple normative orders derived from the country’s colonial past....
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The law of God, the law of the State and the law of Crime: an anthropological account of the consolidation of multiple normative regimes in Brazilian urban margins The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-02-08 Janaina Maldonado, A. Beraldo
In Brazil’s poor urban areas, the state is not the sole producer of ‘law and order’ or monopoliser of the legitimate use of force. A multiplicity of authorities coexist and interact, and much of th...
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The municipal legal order in a digital world: tackling minor offenses and shaping law enforcement policies through a municipal app in Brussels The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-02-07 Lior Volinz
Local authorities worldwide increasingly turn to digital, mobile and participatory applications to elicit information on the urban environment from citizens. Municipal apps allow citizens to report...
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Living law, normative pluralism, and “fare dodging” on public transport in Budapest The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-02-05 Fanni Gyurko
This paper explores a situation regulated by plural normative orders, which every-day public transport users and ticket inspectors experience and practice in the urban realm of the Hungarian capita...
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Questioning the ‘freedom of contract’: contract disobedience and the tenant struggle in Barcelona The Journal of Legal Pluralism and Unofficial Law Pub Date : 2024-02-01 Marta Ill-Raga
In the past decade, rental housing has emerged as a new field of financialization, highlighting the importance of rent to understanding contemporary urban dynamics. Despite rental markets expressin...
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From the editors The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-12-26
Published in Legal Pluralism and Critical Social Analysis (Vol. 55, No. 3, 2023)
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Anthropology, indigenous methodology, and the restatement of African laws: lessons from research collaborations in Kenya The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-12-26 Shin-ichiro Ishida
A research collaboration at the National Museums of Kenya since 2005 has resulted in the publication of several books. The project’s focus is the participatory documentation of the indigenous knowl...
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Big man, bag or ballot box? Upholding legal pluralism through noken as a traditional system of voting in elections in Papua, Indonesia The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-12-26 Pan Mohamad Faiz, Saldi Isra, Irfan Nur Rachman, Abdul Ghoffar, Khairul Fahmi
Indonesia, a diverse and sprawling archipelago nation, is a place where modernity often intersects with tradition, especially in certain parts of the area broadly known to the outside world as Papu...
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Islamic legal culture in Uzbekistan The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-12-26 Rustamjon Urinboyev
There was a widespread euphoria in the 1990s that introducing Western-style legal institutions and traditions would play a pivotal role in promoting the rule of law and democratization in post-Sovi...
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Arsyad Al-Banjari’s Insights on Parallel Reasoning and Dialectic in Law: The Development of Islamic Argumentation Theory in the 18th Century in Southeast Asia The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-11-27 Moh. Ferdi Hasan
Published in Legal Pluralism and Critical Social Analysis (Vol. 55, No. 3, 2023)
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Aligning religious law and state law: negotiating legal Muslim marriage in Pasuruan, East Java, by Muhammad Latif Fauzi, Leiden, Boston, Brill, 2023, 236 pp., €69.00 (Paperback), ISBN 978-90-04-51610-6 The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-09-05 Abdullah Syamsul Arifin, Muhammad Fauzinudin Faiz, Muhammad Lutfi Hakim
Published in Legal Pluralism and Critical Social Analysis (Vol. 55, No. 3, 2023)
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From the editors The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-08-21 The editors
Published in Legal Pluralism and Critical Social Analysis (Vol. 55, No. 2, 2023)
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Criminal Legalities and Minorities in the Global South: rights and Resistance in a Decolonial World, edited by George B. Radics and Pablo Ciocchini, Cham: Palgrave Macmillan, 2023, xvi + 299 pp., $129.99 (hardcover), ISBN 978-3-031-17917-4, $99 (ebook), ISBN 978-3-031-17918-1 The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-07-27 Kaden Paulson-Smith
Published in Legal Pluralism and Critical Social Analysis (Vol. 55, No. 3, 2023)
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Ideas, narratives and experiences. A reflection on legal pluralism and the cause of justice in South Asia The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-07-27 Kalindi Kokal, Siddharth Peter de Souza
Published in Legal Pluralism and Critical Social Analysis (Vol. 55, No. 2, 2023)
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Gender, property and politics in the Pacific. Who speaks for land? The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-07-24 Rachel Sieder
Published in Legal Pluralism and Critical Social Analysis (Vol. 55, No. 3, 2023)
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The divine in the secular The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-07-17 Aditya Malik
Abstract This essay explores how individuals and communities ‘bring forth’ new spaces for distinguishing and realizing justice. It is about the idea, or more precisely, the ideas of justice and their meanings not conceived as a priori ideals or unyielding normative models, but as a malleable conversation that emerges continuously through practices and discourses human beings create in their everyday
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From the editors The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-05-30 Dik Roth
Published in Legal Pluralism and Critical Social Analysis (Vol. 55, No. 1, 2023)
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Reading legal ethnographies to re-map legal pluralism: a Pospisilian corrective to the prevailing dichotomous description of Afghanistan’s legal order The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-05-24 Tomáš Ledvinka, James M. Donovan
This article explores several ethnographies (both academic and para-academic) of Afghanistan’s traditional justice (jirgas and shuras) in order to illuminate contrasts of their conceptual approache...
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Writing wrongs- an analysis of the use of digital platforms as forums offering gender justice for sexual crimes in South Asia The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-04-20 Dinushika Dissanayake
Abstract This article considers the question how digital platforms are increasingly used by women and for women to seek forms of gender justice in South Asia. The research question is: are digital platforms offering new avenues to obtain substantive “gender justice” to women victim-survivors of sexual crimes in South Asia, and with what consequences? In answering this question the article draws from
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Nine-tenth of the law. Enduring dispossession in Indonesia The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-04-05 Dik Roth
Published in Legal Pluralism and Critical Social Analysis (Vol. 55, No. 1, 2023)
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Proceduralising indigenous peoples’ demands: Indigenous environmental rights and legal pluralism in contemporary jurisprudence The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-03-31 Jessika Eichler, Fanny Verónica Mora Navarro
Abstract Biodiversity, climate change and environmental protection are commonly associated with indigenous peoples’ customs and holistic cosmovisions. This paper strives to uncover the legal rationale thereof, notably by identifying the procedural dimension underlying “indigenous environmental rights”, and the importance of collective and intergenerational rights in channelling indigenous environmental
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Navigating conflicting normative orders: when violence isn’t violence The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-03-21 Marieke Janne Hopman, Tajra Smajić
Abstract This paper presents our case study on the child’s right to be protected from all forms of violence in the Sahrawi refugee camps, near Tindouf, Algeria. After presenting our general findings and the different applicable social (legal and non-legal) norms, we argue that this study shows a new way to navigate conflicting norms of different normative orders. Namely: instead of choosing between
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Graves, trees, and spray-paint: land tenure formalisation and five normative repertoires in post-conflict South Sudan The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-03-20 Bruno Braak
Abstract In the aftermath of war, local government in Western Equatoria, South Sudan, set out to formalize urban land to make it more legible, less conflictual, and ready for the state’s vision of tomorrow. But the process proved problematic, and it caused and rekindled countless land disputes. Based on qualitative research at courts, county offices, and contested plots, this paper finds that these
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Dareemat: a mechanism of arbitration and dispute resolution among Pashtuns in Zhob, Pakistan The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-03-17 Baha Ul Haq, Ikram Badshah, Abdur Rehman, Shakir Ullah, Usman Khan
Abstract This paper brings to light the customary court of dareemat and explores its structure and practice among Pashtuns in the Zhob District of Balochistan. Existing literature on Pashtun society has mainly focused on the jirgah as the sole traditional institution of settling conflicts and disputes. The institution/court of dareemat primarily deals with resolution of disputes and conflicts pertaining
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Legal practices and tribal exceptionalism in Western India The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-03-15 Devika Bordia
Abstract The Bhil and Girassia tribal regions of Udaipur district in the state of Rajasthan in Western India have been historically associated with ideas of wildness and primitivity that have relegated them to zones of exception. This article examines how everyday legal practices reflect and reproduce tribal exceptionalism. In particular, the article examines cases that are registered under sections
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Acknowledgement to our reviewers in 2022 The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-03-07
Published in Legal Pluralism and Critical Social Analysis (Vol. 55, No. 1, 2023)
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Technique as empowerment: Dispute resolution forums for older people in India The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-03-06 Deblina Dey
Abstract In India, various forums address intergenerational disputes involving older people and their adult children. Familial disputes arise due to fraudulent property transactions and/or abuse and neglect of older parents by children. While litigation is an option for older people, mediation and conciliation are considered a more suitable, age-friendly approach by law. There are maintenance tribunals
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Mapping opportunity structure: exploring Dalit-led litigation on manual scavenging The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-02-25 Alena Kahle, Sagar Kumbhare
Abstract Given a disproportionate scholarly focus on a high-profile litigation on manual scavenging – the manual cleaning of human faeces – in India, this paper aims to explore the experiences of NGOs led by Dalits – formerly “untouchables” – in navigating the judiciary to eradicate manual scavenging. It does so by first exploring the frequency and characteristics of court cases on manual scavenging
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Speaking out on the internet: what does it mean to seek “justice” on social media? The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-02-13 Vidya Subramanian
Abstract The public sphere has moved online, and with it, several versions of “protests” and “movements” too. We are living through a moment in history where the “due process” of law and justice may or may not follow the public demonstration of either injustice or democratic dissent. A “public” protestation in such a situation has very often meant “on social media”, giving even more credence to the
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Governing Hindu marriage or interreligious marriage?: secularism from below and state-society relations in the adjudication of marriage in India The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-02-02 Gopika Solanki
Abstract This paper examines state-society relations in the adjudication of marriage at the cusp of two policies, namely the Indian state’s policy of affirmative action for marginalized castes and the recognition of religion-based personal laws. Based on qualitative research conducted in Mumbai, the paper discusses the dilemmas, and challenges of the fusion of inter-religious and Hindu marriages. Focusing
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Polygamy and the porous state: reconstituting gender in the everyday life of Muslim law The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-01-23 Sagnik Dutta
Abstract Recent scholarship on alternative dispute resolution forums has shown how the gendered ideology of the state is reproduced in these forums. These forums are said to consolidate the public-private divide and constitute the heterosexual, monogamous family as an affective, nurturing unit that society needs to valorise. Based upon an ethnographic exploration of female litigants in two kinds of
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The Closed and the Open Prison: Contested Imaginaries and the Limits of Openness The Journal of Legal Pluralism and Unofficial Law Pub Date : 2023-01-16 Trishna Senapaty
Abstract This article explores the conceptual landscape of open prisons in India. Open prisons are institutions intended to facilitate prisoner rehabilitation by permitting them to live in small dwellings with their families and earn livelihoods outside their boundary walls. The article delves on the tensions between how “openness” is conceived in prison reform documents and the multiple ways in which
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Protecting indigenous identities? An example of cultural expertise on sámi identity The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-12-01 Reetta Toivanen
Abstract The national law of Finland identify criteria of belonging to the Indigenous Sámi in order to protect their cultural heritage and identity. In Finland, the electoral committee of the representative organ of Sámi Indigenous Peoples, the Sámi Parliament, decides who fulfills the criteria for being Sámi and thus is included in the electoral roll. Since its establishment, the Sámi Parliament has
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From the editors: In memoriam Keebet von Benda-Beckmann (1946–2022) The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-11-29 Dik Roth
Published in Legal Pluralism and Critical Social Analysis (Vol. 54, No. 2-3, 2022)
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‘Uno di noi’: Conflict avoidance and resolution within the Italian Sinti community The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-11-14 Chiara Tribulato
Abstract This article explores the practice of autonomous lawmaking operating within the Italian Sinti community. More specifically, building on a case study collected during extensive ethnographic fieldwork, it proposes an analysis of the modalities of conflict avoidance, management and resolution used by those families involved in the economic niche of travelling show business. This study contributes
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Indigenous peoples’ normative orders and restitution: Latin American private international law and human rights The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-09-27 María Julia Ochoa Jiménez
Abstract This article offers a critical look at how in Latin America the normative orders of indigenous peoples are excluded when resolving situations that concern them and essentially involve a conflict of laws. It is sustained that this goes against rights recognized to these peoples by the human rights system. This has occurred in cases related to the restitution of cultural property of indigenous
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Judicial discretion: problematizing the ascertainment and application of customary law by formal courts and relevant theories (Nigeria and South Africa) The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-09-15 Rebecca Emiene Badejogbin
Abstract Conceptualizing legal education in Africa according to western legal thought and theories has been a major setback in the manner that indigenous African law has been theorized in legal scholarship. This affects how it has been interpreted and applied by courts in its exercise of judicial discretion which is a field that is yet to be adequately explored with respect to the application of indigenous
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Law as performance: theatricality, spectatorship and the making of law in ancient, medieval and early modern Europe The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-09-10 Fulera Issaka-Toure
Published in Legal Pluralism and Critical Social Analysis (Vol. 54, No. 2-3, 2022)
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From the editors The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-08-28 Dik Roth
Published in Legal Pluralism and Critical Social Analysis (Vol. 54, No. 1, 2022)
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Acknowledgement to our reviewers in 2021 The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-08-28 Kothandapani Lakshmanan
Published in Legal Pluralism and Critical Social Analysis (Vol. 54, No. 1, 2022)
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Legal pluralism and globalization from the Himalayas to Southeast Asia The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-08-28 Victor V. Ramraj, Nima Dorji, Pooja Parmar, Benjamin Schonthal
Published in Legal Pluralism and Critical Social Analysis (Vol. 54, No. 1, 2022)
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Trajectories of legal entanglement examples from Indonesia, Nepal, and Thailand The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-08-28 Keebet von Benda-Beckmann
Abstract Globalization comes with law and law comes with actors. The manner in which law travels is rarely a matter of straightforward reception, but involves processes of translation, adjustment, and capturing by a diverse range of actors. This paper looks at some systemic features of legal pluralism to pursue two aims. One is to show that Southeast Asia has centuries long histories in which religious
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New constitutional rites: indigeneity, legal pluralism and the international finance corporation’s performance standards in Cambodia The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-08-28 Ben Lawrence
Abstract Globalisation is radically reconfiguring traditional understandings of constitutional law. A prime example of this trend would be the International Finance Corporation, whose Performance Standards have been described as a private-law Bill of Rights. Focusing on a complaint brought to the IFC’s Compliance Assessment Ombudsman by 17 villages in northeastern Cambodia, this article investigates
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Legal pluralism and environmental governance: the regulatory design potential of Bhutan’s gross national happiness and Canada’s reconciliation approaches The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-08-28 Deborah Curran, Tshering Dolkar
Abstract As humans exceed global ecological limits nation state-based environmental governance attracts persistent criticism. Historically, the focus of regulatory design for environmental law has been to provide access to natural resources or the environment but without ecosystem-based standards at any scale or cumulative effects assessment by which state governments evaluate whether they are achieving
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A legal analysis of disjunctions between statutory and customary land tenure regimes in Zambia The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-08-28 Dimuna Phiri
Abstract In the recent past, Zambia has experienced land governance related issues such as voluntary and involuntary displacements, insecurity of tenure, food insecurity and land disputes. While laudable efforts have been made to uphold and realise land and resource rights of poor rural populations in Zambia, there are several longstanding challenges that remain unresolved. The majority of the rural
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In search of a better world: a human rights Odyssey The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-08-28 Navid Pourmokhtari
Published in Legal Pluralism and Critical Social Analysis (Vol. 54, No. 1, 2022)
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Performing Power in Zimbabwe. Politics, Law, and the Courts since 2000 The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-08-28 Vishal Narain
Published in Legal Pluralism and Critical Social Analysis (Vol. 54, No. 1, 2022)
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Perceived unfair procedural justice, distrusted legal institutions and (re)emergence of indigenous restorative justice administration in Apata-Aje Community, Nigeria The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-08-28 Habeeb Abdulrauf Salihu, Hossein Gholami
Abstract The study undertakes a qualitative enquiry into the adoption of indigenous restorative justice system (IRJS) by the people of Apata-Aje Community of Kwara State, Nigeria in crime-related disputes. Eighty-Four members of the community (76 users and 8 practitioners of the system) participated in the study. They were selected through convenience and purposive sampling techniques. In-depth interview
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Subversive Legal History: A Manifesto for the Future of Legal Education The Journal of Legal Pluralism and Unofficial Law Pub Date : 2022-08-28 Amy R. Codling
Published in Legal Pluralism and Critical Social Analysis (Vol. 54, No. 2-3, 2022)