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Legal Pluralism And Development



Legal Pluralism And Development
The article discusses the concept of legal pluralism and its implications for legal development. It highlights how previous efforts at legal development have focused solely on state legal systems, which have not shown significant improvement over time. However, there is now a growing recognition of the importance of local, informal, indigenous, religious, and village courts or tribunals, which are... more details
Key Features:
  • Introduction and explanation of the concept of legal pluralism.
  • Discussion on the limitations of previous legal development efforts that solely focused on state legal systems.
  • Recognition of the importance of local, informal, indigenous, religious, and village courts or tribunals in rural communities.


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Features
Author brian z. tamanaha
Format hardcover
ISBN 9781107019409
Pages 250
Description
The article discusses the concept of legal pluralism and its implications for legal development. It highlights how previous efforts at legal development have focused solely on state legal systems, which have not shown significant improvement over time. However, there is now a growing recognition of the importance of local, informal, indigenous, religious, and village courts or tribunals, which are often more effective in rural communities. Legal pluralism refers to the coexistence of these institutions alongside state legal systems, often in a complex or uncertain relationship. Despite the long-standing discussions on legal pluralism by academics, their work has not been consulted in the context of legal development. This book brings together contributions from both academics and practitioners to explore the practical implications of legal pluralism for legal reform. The review of the book praises it for its comprehensive coverage of the topic and its contribution to ongoing debates on legal pluralism.

Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. Review: 'This is an excellent edited collection of papers that moves forward a number of longstanding debates within legal pluralism as today's scholars and practitioners increasingly focus on its practical implications for legal reform. Although the contributions are written as stand-alone chapters, the richness of the debate that runs through all the papers means that the reader will benefit much from reading the book from cover to cover.' Helen Dancer, Journal of Legal Pluralism
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