The Journal of Legal Pluralism and Unofficial Law 57/2008


Book Description

NUMBER 57 / 2008 "Strategies of Struggles" among the Santal Adviasi Fauzia Shariff 1 Punx and skins united Aimar Ventsel 45 The Everyday Functioning of Benin's Legal System Thomas Bierschenk 101 Decentralization and Co-Management of Protected Areas in Indonesia Yonariza and Ganesh P. Shivakoti 141 Book Reviews 167




The Journal of Legal Pluralism and Unofficial Law 62/2010


Book Description

Brauchler examines the Indonesian decentralisation process and the revival of tradition and cultural self-determination in the Moluccas. Tuori studies restatements and codifications of customary laws in Africa. Harboe Knudsen considers European Union regulation of the marketing of dairy products in Lithuania. Douglas and Hersi examine the attitudes of Muslims to the smoking of khat. Simarmata studies the contrast between Indonesian state law and local officials' practice regarding natural resources use in East Kalimantan.







Legal Pluralism in Action


Book Description

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.




Pluralism and European Private Law


Book Description

European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.




Multiple Secularities Beyond the West


Book Description

Questions of secularity and modernity have become globalized, but most studies still focus on the West. This volume breaks new ground by comparatively exploring developments in five areas of the world, some of which were hitherto situated at the margins of international scholarly discussions: Africa, the Arab World, East Asia, South Asia, and Central and Eastern Europe. In theoretical terms, the book examines three key dimensions of modern secularity: historical pathways, cultural meanings, and global entanglements of secular formations. The contributions show how differences in these dimensions are linked to specific histories of religious and ethnic diversity, processes of state-formation and nation-building. They also reveal how secularities are critically shaped through civilizational encounters, processes of globalization, colonial conquest, and missionary movements, and how entanglements between different territorially grounded notions of secularity or between local cultures and transnational secular arenas unfold over time.




Concepts of Law


Book Description

Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ’governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.




Real Governance and Practical Norms in Sub-Saharan Africa


Book Description

Although international development discourse considers the state as a crucial development actor, there remains a significant discrepancy between the official norms of the state and public services and the actual practices of political elites and civil servants. This text interrogates the variety of ways in which state policies and legal norms have been translated into the set of practical norms which make up real governance in sub-Saharan Africa. It argues that the concept of practical norms is an appropriate tool for an ethnographic investigation of public bureaucracies, interactions between civil servants and users, and the daily functioning of the state in Africa. It demonstrates that practical norms are usually different from official norms, complementing, bypassing and even contradicting them. In addition, it explores the positive and negative effects of different aspects of this ‘real governance’. This text will be of key interest to academics, students and researchers in the fields of development, political science, anthropology and development studies, African studies, international comparative studies, implementation studies, and public policy.




Parties, Political Finance, and Governance in Africa


Book Description

A major challenge for the advancement of democratic governance in Africa is the extraction of money by ruling parties from the state to fund their electoral campaigns and gain political advantage over opponents. Drawing upon in-depth case studies of Benin and Ghana, Rachel Sigman considers how, and with what consequences, party leaders control and access public funds to finance their political operations. Weaving together biographical data on government ministers, surveys of civil servants, elite interviews, and archival research, Sigman explains leaders' extraction strategies and connects these strategies to how politicians manage state personnel. In so doing, she challenges the perception of African states as uniformly weak and argues that effective government is possible even in contexts of widespread state politicization, corruption, and clientelism. Demonstrating the profound impact that extractive financing practices have on democratic institutions, Sigman illuminates and develops our understanding of “good governance” across the African continent.




Exiting Violence


Book Description

In the 20th and 21st centuries, where violence has scarred countless lives, the interplay between religion, politics, and conflict remains a complex web. Exiting Violence looks to untangle some of these knots, showing not only how faith can ignite bloodshed, but also how it can inspire peace and build bridges. Resulting from an international collaboration between the Fondazione Bruno Kessler, RESET-Dialogues Among Civilizations, and the Berkley Center for Religion Peace and World Affairs, this collection assesses the state of scholarship and explores the differing ways in which religion can contribute to societies and communities exiting situations of violence and hatred. From Biblical hermeneutics to Buddhism, from secularism to legal systems, Exiting Violence offers a nuanced and thought-provoking exploration of the multifaceted role religion plays in the human struggle for peace and justice.