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LEGAL PLURALISM (13) answer(s).
 
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1
ID:   104697


Can indigenous justice survive: legal pluralism and the rule of law / Pimentel, David   Journal Article
Pimentel, David Journal Article
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Publication 2010.
Key Words Pluralism  Law  Justice System  Legal Pluralism 
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2
ID:   106535


Can indigenous justice survive?: legal pluralism and the rule of law / Pimentel, David   Journal Article
Pimentel, David Journal Article
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Publication 2010.
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3
ID:   167075


Controlling the Law: Legal Pluralism in China's South-West Minority Regions / Kaup, Katherine P   Journal Article
Kaup, Katherine P Journal Article
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Summary/Abstract Millions of China's ethnic minority citizens remain subject to competing legal standards, even as state officials strive to strengthen a unified notion of state law. Minority customary law continues to bind many minority citizens in both civil and criminal arenas and often conflicts directly with state law. What happens when these laws conflict? Based on fieldwork in Yunnan, this article shows how local officials and communities navigate legal pluralism and what legal and policy provisions guide them. Granting local judges discretionary authority to set aside state law in favour of customary law, although seemingly undermining law enforcement, may in the long run be the best path to strengthening rule of law in China's minority regions.
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4
ID:   116845


Counter-revolution by ideology? law and development's vision(s) / Attar, Mohsen Al   Journal Article
Attar, Mohsen Al Journal Article
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Publication 2012.
Summary/Abstract Law and development, as both movement and practice, has led a tumultuous life: a hurried zenith cut short by a fatal critique followed by an opportunistic resurrection. The name alone is sufficient to trigger a range of reactions, extending from the complimentary to the condemnatory. In this article I track law and development's evolution via an examination of its role in the remodelling of Egyptian society in the post-Nasser era. While the 2011 revolution has encouraged institutions such as usaid to hasten their legal reform efforts, I argue that these are more akin to counter-revolution by ideology than genuine revolution by law. Nevertheless, rather than relegate the movement to the annals of imperial intrigue, I conclude by proposing the use of legal pluralism to revive, and possibly ignite, law and development's emancipatory potential.
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5
ID:   188998


Does legal aid improve access to justice in ‘fragile’ settings? Evidence from Burundi / Chaara, Imane   Journal Article
Chaara, Imane Journal Article
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Summary/Abstract Access to justice is often described as key for building and consolidating peace and enhancing socio-economic development in fragile and post-conflict states. Since the 2000s, legal empowerment has been one of the most popular approaches to improve such access, and a growing literature has presented mixed evidence on the quality of its outcomes. We evaluate and discuss the impact of a locally provisioned legal aid program on justice-seekers’ use of dispute resolution fora, legal agency, and trust in judicial institutions. The program was implemented between 2011 and 2014 in 26 municipalities of rural Burundi. We consider its effects on 486 beneficiaries using various propensity score-matching methods and data on non-beneficiaries from two distinct control groups (n = 3,267). Forty-eight interviews with key informants help discuss judicial practices. We find that the program increased the use of courts but not trust in the judiciary. It had no significant impact on the use of alternative dispute resolution mechanisms. Qualitative and quantitative evidence suggests that justice-seekers’ perception of the treatment they received in courts, also known as procedural justice, shaped their perception of accessing justice. Qualitative evidence also points to a possible ‘watchdog effect’: in some cases, the presence of a legal adviser may have pushed judges to better comply with procedures. While legal aid programs can improve access to courts, it does not necessarily mean an erosion of judicial ‘forum shopping’ or that trust in state institutions is reinforced and rights fully realized.
Key Words Burundi  Justice  Rule of Law  Land  Fragile States  Legal Pluralism 
Legal Aid 
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6
ID:   114680


Identity in dispute: law, religion, and identity in Minangkabau / Benda-Beckmann, Franz von; Benda-Beckmann, Keebet von   Journal Article
Benda-Beckmann, Franz von Journal Article
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Publication 2012.
Summary/Abstract The article explores the comparatively peaceful reconstitution of the relationships between law, religion and identification processes among the Minangkabau in West Sumatra, Indonesia, since the fall of the Suharto regime in 1998. The local reorganization of village government and land claims included the revitalization of adat institutions which in turn provoked a reconsideration of the role of Islam, as indeed of the meaning of 'being Minangkabau', indicating tensions within the relationships between matrilineal Minangkabau adat, Islam, and the state. The paper seeks to explain this reconsideration and contestation of Minangkabau identity, and how the various actors mobilize identification with a particular legal order within the plural legal constellation enhanced by the recent decentralization process in Indonesia. Disputes seem to be an important avenue for understanding identification processes, and conversely, disputing cannot be understood without a comprehension of identity formation.
Key Words Identity  Legal Pluralism  Disputing  Adat  Islam 
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7
ID:   142081


Law and language in Timor-Leste: bridging the divide / Simoes, Fernando Dias   Article
Simoes, Fernando Dias Article
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Summary/Abstract As in other post-conflict states, the international community has been actively promoting the implementation of the rule of law in Timor-Leste. The justice system remains the weakest branch of Timor-Leste’s governance architecture. The effectiveness of the justice system is hampered by the fact that laws and proceedings are not always translated into languages understood by all court actors. Timor-Leste has a long history of multilingualism, with at least sixteen language varieties being spoken in the country. Both Tetum and Portuguese are official languages, with Portuguese being predominantly used in the courts, even though less than 10 per cent of the population is fluent in the idiom. The post-colonial legacy was one of two separate legal systems — the formal legal system and the traditional system — operating in parallel. More than a decade after independence, the former continues to have only a peripheral presence in the lives of most East Timorese. This gap between the language of the people and the language of the courts heightens the challenges to nation- and state-building in Timor-Leste. The purpose of this article is to examine the current language policy in Timor-Leste and discuss possible avenues for strengthening the formal justice system in a multilingual environment.
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8
ID:   169490


Laws in Conflict: Legacies of War, Gender, and Legal Pluralism in Chechnya / Lazarev, Egor   Journal Article
Lazarev, Egor Journal Article
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Summary/Abstract How do legacies of conflict affect choices between state and nonstate legal institutions? This article studies this question in Chechnya, where state law coexists with Sharia and customary law. The author focuses on the effect of conflict-induced disruption of gender hierarchies because the dominant interpretations of religious and customary norms are discriminatory against women. The author finds that women in Chechnya are more likely than men to rely on state law and that this gender gap in legal preferences and behavior is especially large in more-victimized communities. The author infers from this finding that the conflict created the conditions for women in Chechnya to pursue their interests through state law—albeit not without resistance. Women’s legal mobilization has generated a backlash from the Chechen government, which has attempted to reinstate a patriarchal order. The author concludes that conflict may induce legal mobilization among the weak and that gender may become a central cleavage during state-building processes in postconflict environments.
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9
ID:   151083


Legal pluralism in the Wild West Bank / Pogrund, Benjamin   Journal Article
Pogrund, Benjamin Journal Article
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Summary/Abstract Israel’s occupation of the West Bank is temporary, at least in theory, so in line with international law the pre-1967 legal system remains in place. Thus, Jordanian law determines military cases — except where changed or supplemented by the 1,700 or so orders issued by the Israel Defense Forces since the start of the occupation.
Key Words Israel  West Bank  Jorden  Legal Pluralism  International Law 
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10
ID:   161742


Legal Pluralism in Theory and Practice / Swenson, Geoffrey   Journal Article
Swenson, Geoffrey Journal Article
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Summary/Abstract Legal pluralism has vast policy and governance implications. In developing countries, for instance, non-state justice systems often handle most disputes and retain substantial autonomy and authority. Legal pluralism's importance, however, is rarely recognized and dramatically under theorized. This article advances scholarly understanding of legal pluralism both theoretically and empirically. It proposes a new typological framework for conceptualizing legal pluralism through four distinct archetypes – combative, competitive, cooperative, and complementary – to help clarify the range of relationships between state and non-state actors. It posits five main strategies used by domestic and international actors in attempts to influence the relationship between state and non-state justice systems: bridging, harmonization, incorporation, subsidization, and repression. As post-conflict situations are fluid and can feature a wide range of relationships between state and non-state actors, they are particularly instructive for showing how legal pluralism archetypes can be shifted over time. Case studies from Timor-Leste and Afghanistan highlight that selecting an appropriate policy is vital for achieving sustainable positive outcomes. Strategies that rely on large scale spending or even the use of substantial military force in isolation are unlikely to be successful. The most promising approaches are culturally intelligible and constructively engage non-state justice networks of authority and legitimacy to collectively advance the judicial state-building process. While the case studies focus on post-conflict states, the theory presented can help understand and improve efforts to promote the rule of law as well as good governance and development more broadly in all legally pluralist settings.
Key Words Rule of Law  Post-conflict  Legal Pluralism 
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11
ID:   171137


Legal reform or erasure of history? the politics of moral crimes in Afghanistan / Hakimi, Aziz; Saadat, Masooma   Journal Article
Hakimi, Aziz Journal Article
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Summary/Abstract ABSTRACT In this article we reflect on our efforts to study the prosecution of moral crimes in Afghanistan. In the process of collating information about men and women imprisoned for moral crimes such as adultery, we found evidence that pointed to large-scale incarceration of men for the uncodified crime of elopement. After establishing this fact through a careful review of official data, the article considers two interrelated themes. First, we argue that government attempts to conceal its extralegal practices cannot be reduced to the question of a corrupt bureaucracy or weak governance. Rather, they reflect a fundamental tension between a modern state’s interest in projecting the rule of (codified) law and societal expectations arising from both Islamic and customary law. Second, we suggest that officials seek to address this conceptual tension between the different bodies of law through a complex process involving both accommodation and concealment. In day-to-day judicial practice, ‘assimilation’ refers to attempts to rely on sharia provisions to accommodate customary practices which have no counterpart in statutory law. ‘Dissimulation’ refers to bureaucratic actions aimed at concealing the actual practices which make such extralegal accommodations possible.
Key Words Afghanistan  Gender  Judiciary  Legal Pluralism  Moral Crimes  Elopement 
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12
ID:   152800


Negotiating justice: legal pluralism and gender-based violence in Liberia / Bøås, Morten; Divon, Shai André   Journal Article
Bøås, Morten Journal Article
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Summary/Abstract The plural legal system in post-conflict Liberia expresses tensions between modern and customary institutions. This article seeks to understand how Liberians navigate choices in the plural legal system to address gender-based violence cases. By asking how and why people make the choices they do, we highlight how Liberians solve tensions between institutions, by creating flexible categories that allow them to pursue a course of action that does not compromise their ability to access social networks and resources
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13
ID:   097150


State engagement with non-state justice: how the experience in Kyrgyzstan can reinforce the need for legitimacy in Afghanistan / Merrell, David E   Journal Article
Merrell, David E Journal Article
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Publication 2010.
Summary/Abstract Currently there is a question of whether and how Afghanistan should engage non-state councils of elders to resolve disputes. In order to harness their benefits (e.g. efficiency), control their abuses (e.g. occasional controversial resolutions), and stabilize the resolution of disputes, some have argued that formal links should be established between the state judicial system and non-state councils of elders in Afghanistan. Others argue that mere informal links between the two systems should be established. Still others suggest that prior models of state engagement in Afghanistan should be revived. In Kyrgyzstan, just 65 miles north of Afghanistan, the Tsarist, Soviet and post-Soviet administrations have used various methods to engage non-state councils of elders. Despite these vastly different attempts at controlling local dispute resolutions, elders independently resolved disputes outside of Tsarist and Soviet control and continue to resolve disputes outside of post-Soviet state control in Kyrgyzstan. This phenomenon highlights the need for legitimacy in any models of state engagement that are considered for Afghanistan. If, as observed in Kyrgyzstan, people do not use state-sanctioned local councils in Afghanistan, then their purposes may be frustrated. Therefore, in addition to reviewing the experience with state engagement in other parts of the world, policy makers in Afghanistan should also review the historical and contemporary experience with state engagement in Kyrgyzstan. As the need for legitimacy is reconsidered and applied to the design of models for Afghanistan, it may be more likely that those models will be used by more people in Afghanistan and that their purposes will be furthered.
Key Words Afghanistan  Kyrgyzstan  Justice  Dispute resolution  Comparative law  Rule of Law 
Law Reform  Legal Pluralism  Jirga  Shura  Aksakal  Elders Councils 
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