Legal pluralism in Muslim contexts /
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Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
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1 online resource. :
Includes bibliographical references and index. :
9789004398269
Reimagining Legal Pluralism in Africa : Balancing Indigenous, State, and Religious Laws /
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This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa's agrarian political economies.
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1 online resource (512 pages) : illustrations. :
Includes bibliographical references and index. :
9789004696747
Legal Pluralism in Qing China : Transplantation and Transformation /
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In this book, Max WL Wong provides a new perspective on legal pluralism under the Qing dynasty (1644-1911) and provides an argument that in traditional Chinese legal culture the pluralistic normative orders were blended, in parallel with the established state legal system, to become a complexed administrative system exerting political and social control in Qing China. Specifically, he addresses these key questions. First, how were Chinese laws, and the quasi-legal norms that created a system of legal pluralism in Qing, reformed by the drive for legal modernization in the late Qing and Republican China as a response to the challenge of western laws? And second, how was the pluralistic structure of Chinese laws and norms in Qing China diffused and transplanted to Taiwan, Hong Kong and South East Asia in the form of 'Chinese customary law'? Also, how was Chinese law subdued by the imposed legal systems of the colonisers, mainly Great Britain and Japan? See Less
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1 online resource (217 pages) : illustrations. :
Includes bibliographical references and index. :
9789004712652