9781139094597 (ebook) 9781107019409 (hardback) 9781107690905 (paperback)
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.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Introduction : legal pluralism and development policy : scholars and practitioners in dialogue 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 Sokbunthoeun So 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.