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Harmonization of State, Custom, and Islamic Law in Aceh: Perspective of Legal Pluralism

open access: yesHasanuddin Law Review
Indonesia recognizes several legal systems i.e., state law, customary law, Islamic law, and international law. Islamic sharia in Aceh is part of legal pluralism in Indonesia.
Mursyid Djawas   +4 more
doaj   +2 more sources

The Legal Pluralism Strategy of Sendi Traditional Court in the Era of Modernization Law

open access: yesRechtsidee: Law Journal, 2021
The Sendi customary community is a community that has procedures for implementing customary law through the customary justice system. Not only that, the Sendi customary community also has a distinctive legal code and customary apparatus; so that its ...
Dicky Eko Prasetio   +3 more
doaj   +2 more sources

Legal Pluralism

open access: yes
Legal pluralism is a construct, a means of understanding and imagining the world, both positively (as it is) and normatively (as it ought to be). Originating from critiques of legal centralism, legal pluralism refers to the complexity of law in a world where a single act or actor is potentially subject to multiple legal or quasi-legal regimes imposed ...
Alex Green, Jennifer Hendry
semanticscholar   +4 more sources

Legal Pluralism and Islamic Law in Australia [PDF]

open access: yesAustralian Journal of Law & Religion, 2023
Legal pluralism offers a critical and empirically sensitive way of thinking about justice in multicultural societies with a variety of legal traditions – Western, Indigenous, Islamic, or otherwise.
Samuel Blanch
doaj   +1 more source

The origin of legal pluralism: towards a new theory of human rights law

open access: yesХабаршы. Заң сериясы, 2023
This article aims to clarify the essence of legal pluralism, which is a prerequisite for adopting legal pluralism in human rights law. This is particularly important because the use of the term «legal pluralism» in human rights law varies from one ...
Rieko Kitamura
doaj   +1 more source

Legal Pluralism's Other: Mythologizing Modern Law

open access: yesLaw and History Review, 2023
This article interrogates the concept of legal pluralism, as it currently tends to function within contemporary legal and historical scholarship. It argues that the concept of legal pluralism cannot ‘liberate’ positivist analytical legal theory from ...
Caroline Humfress
semanticscholar   +1 more source

Rethinking the Rethinking of Legal Pluralism: Toward a Manifesto for a Pluri-Legal Perspective

open access: yesLaw and History Review, 2023
The paper addresses the perpetual discontent evoked by the concept of legal pluralism, one which, in turn, brings about incessant efforts to “rethink” it. We suggest that one of the sources of this discontent is the erroneous view that legal pluralism is
I. Shahar, Karin Carmit Yefet
semanticscholar   +1 more source

Legal Pluralism Reflection on the of Binding Nature of Legal Rule and Parameters of the Evolution of Legal System [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2015
Legal pluralism can be limited to formal and technical analyses; it could mean the governing of different legal mechanism to identical situations. Meanwhile, this meaning of legal pluralism hinders the judgment of all realities of the legal system and ...
Mehdi Shahabi
doaj   +1 more source

Rechtspluralismus in der Rechtsgeschichte [PDF]

open access: yesRechtsgeschichte - Legal History, 2017
Legal pluralism is not a conventional topic in legal history. Vice versa, legal history usually does not figure prominently in scholarship on legal pluralism. This article aims to show how both disciplines and topics can benefit from each other.
Ralf Seinecke
doaj   +1 more source

Adat Law and Legal Pluralism in Indonesia: Toward A New Perspective?

open access: yesIndonesian Journal of Law and Society, 2022
Adat law is part of Indonesia's legal system with unwritten characteristics. To some extent, it embeds with religious values. As a country with pluralist societies, adat law plays an important role in Indonesia that increasingly adds the critical ...
Nilna Aliyan Hamida
semanticscholar   +1 more source

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