Download legal pluralism in conflict coping with cultural diversity in law in pdf or read legal pluralism in conflict coping with cultural diversity in law in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get legal pluralism in conflict coping with cultural diversity in law in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.

Legal Pluralism In Conflict

Author: Prakash Shah
Publisher: Routledge
ISBN: 1135308780
Size: 30.58 MB
Format: PDF, Kindle
View: 7096
Download and Read
Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.

Religi Se Schiedsgerichtsbarkeit

Author: Franziska Hötte
Publisher: Mohr Siebrek Ek
ISBN: 9783161527388
Size: 78.25 MB
Format: PDF, ePub, Docs
View: 6812
Download and Read
Die Debatte um (islamische) "Friedensrichter" wirft die Frage auf, ob und in welchem Umfang sich die deutsche Rechtsordnung fur die Anwendung religiosen Rechts offnen darf oder sollte. Wahrend hierzulande die Moglichkeit kaum diskutiert wird, Entscheidungen religioser Spruchkorper etwa in familienrechtlichen Fragen im Rahmen staatlich anerkannter Schiedsverfahren fur verbindlich zu erklaren, existiert im angelsachsischen Raum eine reichhaltige religiose Schiedspraxis, die zugleich von intensiven Debatten begleitet wird. Anhand von Beispielen stellt Franziska Hotte die Rechtslage und -praxis in den Vereinigten Staaten, Kanada und Grossbritannien dar und zeichnet die dazugehorigen Debatten kritisch nach. Sie analysiert, wie religiose Schiedsgerichte in sakularen Verfassungsstaaten arbeiten, welchen Verfahrensregeln sie folgen und welche verfassungsrechtlichen Bedenken bei der Durchsetzung ihrer Entscheidungen zu berucksichtigen sind, um schliesslich der Frage der Ubertragbarkeit auf die deutsche Rechtsordnung nachzugehen.

Legal Pluralism In Action

Author: Dr Latif Tas
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472422104
Size: 47.44 MB
Format: PDF
View: 900
Download and Read
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.

Multicentrism As An Emerging Paradigm In Legal Theory

Author: Marek Zirk-Sadowski
Publisher: Peter Lang
ISBN: 9783631595633
Size: 31.28 MB
Format: PDF, ePub, Mobi
View: 2033
Download and Read
The contemporary legal theory is gradually departing from traditional theory of the hierarchical legal system. Some authors announce the supposed death of the concept of law within the state. The so-called multicentrism might become an attractive alternative to the traditional monocentric approach. The essence of multicentrism may be characterized as coexistence of many adjudicating bodies, especially courts, whose verdicts are equally effective within the national legal system. Such a situation takes place e. g. within the European legal area where multicentrism could be perceived as the existence of -sensitive- liaisons, entanglements and relations of dependence between the European Court of Human Rights in Strasbourg, the European Court of Justice in Luxemburg and national (especially constitutional) courts in member states. The coexistence of many centres of adjudication may thus become a constant feature of the system of regional and global law."

Grounds Of Judgment

Author: P?r Kristoffer Cassel
Publisher: Oxford University Press
ISBN: 0199924287
Size: 29.26 MB
Format: PDF, ePub, Docs
View: 899
Download and Read
Perhaps more than anywhere else in the world, the nineteenth century encounter between East Asia and the Western world has been narrated as a legal encounter. Commercial treaties--negotiated by diplomats and focused on trade--framed the relationships among Tokugawa-Meiji Japan, Qing China, Choson Korea, and Western countries including Britain, France, and the United States. These treaties created a new legal order, very different than the colonial relationships that the West forged with other parts of the globe, which developed in dialogue with local precedents, local understandings of power, and local institutions. They established the rules by which foreign sojourners worked in East Asia, granting them near complete immunity from local laws and jurisdiction. The laws of extraterritoriality looked similar on paper but had very different trajectories in different East Asian countries. P?r Cassel's first book explores extraterritoriality and the ways in which Western power operated in Japan and China from the 1820s to the 1920s. In Japan, the treaties established in the 1850s were abolished after drastic regime change a decade later and replaced by European-style reciprocal agreements by the turn of the century. In China, extraterritoriality stood for a hundred years, with treaties governing nearly one hundred treaty ports, extensive Christian missionary activity, foreign controlled railroads and mines, and other foreign interests, and of such complexity that even international lawyers couldn't easily interpret them. Extraterritoriality provided the springboard for foreign domination and has left Asia with a legacy of suspicion towards international law and organizations. The issue of unequal treaties has had a lasting effect on relations between East Asia and the West. Drawing on primary sources in Chinese, Japanese, Manchu, and several European languages, Cassel has written the first book to deal with exterritoriality in Sino-Japanese relations before 1895 and the triangular relationship between China, Japan, and the West. Grounds of Judgment is a groundbreaking history of Asian engagement with the outside world and within the region, with broader applications to understanding international history, law, and politics.

Religion Secular Beliefs And Human Rights

Author: Natan Lerner
Publisher: Martinus Nijhoff Publishers
ISBN: 9004232168
Size: 40.66 MB
Format: PDF, Docs
View: 6792
Download and Read
This second edition of the book updates the information on relevant developments that took place in the time elapsed. and incorporates several new chapters on important issues related to religious freedoms. Such are the chapters on freedom from religion, religion and freedom of association, religion and freedom of expression (including the controversy with respect of defamation of religions), and group rights and legal pluralism. The order of the chapters has been rearranged.

Migration Diasporas And Legal Systems In Europe

Author: Prakash Shah
Publisher: Routledge Cavendish
ISBN: 9781859419809
Size: 56.68 MB
Format: PDF, ePub, Docs
View: 1461
Download and Read
At a time when issues concerning migration and the formation of diasporic communities have come to be critical for all European legal systems, this volume reflects, discusses and analyzes the questions raised by diasporas who have established themselves in Europe over more than fifty years of immigration and the challenges faced by legal systems in the light of continued migration. Contributors from a broad range of backgrounds address prominent issues ranging from legal pluralism among minorities, pressures on EU accession states, irregular migration, state control of family reunification and formation in light of human rights laws, challenges for citizenship and nationality laws and the implementation of visa rules and juxtaposed control zones. Besides the EU as a supranational legal order, the book contains discussion of conditions in the United Kingdom, Ireland, France, Spain, Gibraltar, Morocco, Greece, Turkey and Lithuania. This volume accompanies The Challenge of Asylum to Legal Systems and is the second book to emerge from the W.G Hart Legal Workshop held in 2004 at London's Institute for Advanced Legal Studies.

Cultural Diversity And The Law

Author: Marie-Claire Foblets
Publisher: Emile Bruylant
Size: 71.45 MB
Format: PDF, ePub, Mobi
View: 1286
Download and Read
In the twenty-first century nearly all countries face the reality of 'cultural diversity', a concept that refers to the presence, and, increasingly, the affirmation of diverse cultures within the borders of particular political communities. This process appears to be in full swing. In Europe, for instance, the migratory waves of the post-war period gave rise to new sociological and cultural circumstances within the various states. The multiplicity of cultures and the spread of various religions from other parts of the world cause ongoing turmoil. Outside of Europe, diversity is often connected with colonial history. In the face of this widespread phenomenon, different states adopt different positions. Either cultural differences lead to problems that are difficuit to manage, or the differences are more or less integrated or given a formal structure. Between these two potes there are many nuances, ranging from a rejection of differences to their toleration and finally their recognition. The essays in this collection show the various ways in which the law responds to this situation. They make clear that liberalism's official blindness to differences, and its tendency to subordinate them to an abstract notion of equality, has become increasingly problematic. If the state does not respond in an appropriate way to the daim for valorisation of diversity, it risks leaving the question of identities to strategic manipulation, thereby leading to a process of cultural and identity fragmentation. The ambition common to the authors - over 30 - who contributed to this volume is to take the reflection further, by providing a manifold illumination of the various situations examined from ail over the world. They share the conviction that greater attention to the reality of legal pluralism will improve the lives of many in quite practical ways. It is also their view that, as a normative matter, justice requires that jurists take greater care in evaluating the worldviews and value systems of the groups that reside within a state.