Description
Book SynopsisLegal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women''s rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship.A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law
Trade Review...in this book, Tamanaha presents the first concise cartography of the various worlds of legal pluralism. For this alone, the book is worth reading for anyone interested, even remotely, in the idea of legal pluralism. Moreover, as Tamanaha wears his erudition lightly, the book need not be confined to a purely academic readership. It sets a very high standard for future works in the area from one of the leading figures in the field. * CORMAC MAC AMHLAIGH, University of Edinburgh, Journal of Law and Society *
The book seeks to examine the reasons for, and sources of, legal pluralism, identify its consequences, uncover its conceptual and normative implications, and address current theoretical disputes. * Law and Social Inquiry *
Table of ContentsIntroduction: Three Themes Chapter One: Legal Pluralism in Historical Context Chapter Two: Postcolonial Legal Pluralism Chapter Three: Legal Pluralism in the West Chapter Four: National to Transnational Legal Pluralism Chapter Five: Abstract Versus Folk Legal Pluralism Conclusion: Legal Pluralism Explained
