Real legal certainty and its relevance : essays in honour of Jan Michiel Otto / edited by Adriaan Bedner and Barbara Oomen.
2018
K262 .R435 2018 (Mapit)
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Title
Real legal certainty and its relevance : essays in honour of Jan Michiel Otto / edited by Adriaan Bedner and Barbara Oomen.
Imprint
[Leiden] : Leiden Publications/Leiden University Press, [2018]
Description
260 pages : map ; 24 cm.
Series
Law, governance, and development. Research.
Formatted Contents Note
The relevance of real legal certainty : an introduction / B. Oomen and A. Bedner
Addressing adverse formalisation : the land question in Outer Island Indonesia / J.F. McCarthy, K. Robinson, and A. Dhiaulhaq
Can free, prior and informed consent (FPIC) create legal certainty for hunter-gatherers? / G.A. Persoon and T. Minter
The constitutional dimensions of decentralisation and local self-government in Asia / A. Harding
Indeterminacy, uncertainty, and insecurity / K. von Benda-Beckmann
The uncertain future of legal reforms in China's new era / J. Chen
The role of local bureaucrats in the law-making process / R. Simarmata
Law's catch-22 : understanding legal failure spatially / B. van Rooij
Missions impossible to try Rwandan genocide suspects? / N. Huls
Traditional leadership and customary law in capitalist liberal democracies in Africa / J.M. Ubink
Capacity development of civil society in a fragile context : Dutch donor interventions in the east of the Democratic Republic of Congo / C. Jacobs
Inheritance rights and gender justice in contemporary Indonesia / S. Irianto
The role of sharia in lawmaking : the case of Libya / S. Ibrahim.
Addressing adverse formalisation : the land question in Outer Island Indonesia / J.F. McCarthy, K. Robinson, and A. Dhiaulhaq
Can free, prior and informed consent (FPIC) create legal certainty for hunter-gatherers? / G.A. Persoon and T. Minter
The constitutional dimensions of decentralisation and local self-government in Asia / A. Harding
Indeterminacy, uncertainty, and insecurity / K. von Benda-Beckmann
The uncertain future of legal reforms in China's new era / J. Chen
The role of local bureaucrats in the law-making process / R. Simarmata
Law's catch-22 : understanding legal failure spatially / B. van Rooij
Missions impossible to try Rwandan genocide suspects? / N. Huls
Traditional leadership and customary law in capitalist liberal democracies in Africa / J.M. Ubink
Capacity development of civil society in a fragile context : Dutch donor interventions in the east of the Democratic Republic of Congo / C. Jacobs
Inheritance rights and gender justice in contemporary Indonesia / S. Irianto
The role of sharia in lawmaking : the case of Libya / S. Ibrahim.
Summary
The concept of 'real legal certainty' provides a much needed corrective to the general attention for legal certainty in this day and age. It emphasises relations between citizens, adds socio-legal insight, provides a 'view from below,' and thus leads to more realistic insights on how to build state institutions. The concept was introduced by Leiden University's professor of Law and Governance in Developing countries Jan Michiel Otto, and can be considered a central pillar of his work. Against the backdrop of an ever-increasing interest in 'legal certainty' in policy-making and academia, friends and colleagues of Jan Michiel Otto engage with the concept provide a wide variety of examples of its relevance. Drawing on case material from all over the world, they show how real legal certainty can be understood in a bottom-up manner and how it is relevant for building state institutions. They also show how the concept can gain in relevance by taking into account actors other than the state. In all, the edited volume is important reading for all whom share professor Otto's interest in what it takes to bridge law in the books and law in action.
Note
The concept of 'real legal certainty' provides a much needed corrective to the general attention for legal certainty in this day and age. It emphasises relations between citizens, adds socio-legal insight, provides a 'view from below,' and thus leads to more realistic insights on how to build state institutions. The concept was introduced by Leiden University's professor of Law and Governance in Developing countries Jan Michiel Otto, and can be considered a central pillar of his work. Against the backdrop of an ever-increasing interest in 'legal certainty' in policy-making and academia, friends and colleagues of Jan Michiel Otto engage with the concept provide a wide variety of examples of its relevance. Drawing on case material from all over the world, they show how real legal certainty can be understood in a bottom-up manner and how it is relevant for building state institutions. They also show how the concept can gain in relevance by taking into account actors other than the state. In all, the edited volume is important reading for all whom share professor Otto's interest in what it takes to bridge law in the books and law in action.
Bibliography, etc. Note
Includes bibliographical references (pages 235-256).
Call Number
K262 .R435 2018
Language
English
ISBN
9789087283155 paperback
9087283156 paperback
9087283156 paperback
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