Legal Pluralism and Development

ISBN-13: 9781107019409 / Angielski / Twarda / 2012 / 270 str.

Brian Z Tamanaha

Opis

This book brings together contributions from academics and practitioners to explore the implications of legal pluralism for legal development.

Recenzje

'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

Spis treści

Part I. Origins and Contours: 1. Historical perspectives on legal pluralism Lauren Benton; 2. The rule of law and legal pluralism in development Brian Z. Tamanaha; 3. Bendable rules: the development implications of human rights pluralism David Kinley; 4. Legal pluralism and legal culture: mapping the terrain Sally Engle Merry; 5. Towards equity in development when the law is not the law: reflections on legal pluralism in practice Daniel Adler and So Sokbunthouen; Part II. Theoretical Foundations and Conceptual Debates: 6. Sustainable diversity in law H. Patrick Glenn; 7. Legal pluralism 101 William Twining; 8. The development 'problem' of legal pluralism: an analysis and steps towards solutions Gordon R. Woodman; 9. Institutional hybrids and the rule of law as a regulatory project Kanishka Jayasuriya; 10. Some implications of the application of legal pluralism to development practice Doug J. Porter; Part III. From Theory to Practice: 11. Legal pluralism and international development agencies: state building or legal reform Julio Faundez; 12. Access to property and citizenship: marginalization in a context of legal pluralism Christian Lund; 13. The publicity 'defect' of customary law Varun Gauri; 14. Unearthing pluralism: mining, multilaterals and the state Meg Taylor and Nicholas Menzies; 15. The problem with problematizing legal pluralism: lessons from the field Deborah H. Isser.