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The plural turn: Legal pluralism in historical legal studies
Legal pluralism has been a concept used in legal research for over 50 years now. Initially, it influenced legal anthropology, then later other branches of jurisprudence too. In the last 20 years, it has been joined by terms such as legal variety, fragmentation, multinormativity and diversity. This essay diagnoses a fundamental change accompanying these
openaire +3 more sources
Value Pluralism and the Two Concepts of Rights [PDF]
Philosophers and legal theorists still disagree about the correct analysis of 'rights', both moral and legal. The 'Will Theory' and the 'Interest Theory' - the two main views - can each account for various features of rights, but neither of them is ...
Horacio Spector
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Global Bukowina: legal pluralism in the world-society [PDF]
, 2005 s.a. Deutsche Fassung: Rechtshistorisches Journal 15, 1996, 255-290 und in: Eric Schwarz (Hg.) La théorie des systèmes: une approche inter- et transdisciplinaire. Bösch, Sion 1996, 101-119.
Teubner, Gunther
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Pluralism and Deformalisation as Mechanisms in the Achievement of More Equitable and Just Outcomes – the Move from „Classical Formalism“ to Deformalisation. [PDF]
, 2011 By tracing the development and evolvement of certain legal theories over the centuries, as well as consequences emanating from such developments, this paper highlights how and why a shift from the model of „classical formalism“ towards more ...
Ojo, Mariane.B.
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Understanding property rights [PDF]
The authors describe property rights as "overlapping 'bundles' of rights", which can be grouped as "use rights" and "control or decisionmaking rights". The authors then explain the concept of legal pluralism or many sources of rights and the implications
Di Gregorio, Monica +2 more
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Do the Haves Come Out Ahead in Alternative Justice Systems? Repeat Players in ADR [PDF]
, 1999 Marc Galanter\u27s essay, Why the Haves Come out Ahead: Speculations on the Limits of Legal Change (Why the Haves Come out Ahead), published twenty-five years ago, set an important agenda for those who care about the distributive effects of legal ...
Menkel-Meadow, Carrie
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Legitimasi Berlapis dan Negosiasi Dinamis pada Pembayaran Perkawinan Perspektif Pluralisme Hukum
Al-Ahkam, 2019 This article is based on an ethnographic study that uses participatory observation of eight marriage payment negotiations in the city of Mataram, West Nusatenggara.
Atun Wardatun
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The Illusion of Purity:Chantal Mouffe's Realist Critique of Cosmopolitanism [PDF]
, 2010 Over the last 20 years, cosmopolitan theories have been benefiting greatly from the dialogue between defenders and critics of world citizenship.
Thaler, Mathias
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SASIIntroduction: This study examines the interaction between customary law and national labor regulations in Indonesia and Algeria through the lens of legal pluralism.
Mahmuda Pancawisma Febriharini +2 more
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Multiculturalism and religion-based legal pluralism: Islamic law in Europe
Revista CIDOB d'Afers Internacionals, 2017 This article addresses the degree of recognition of the regulations of Islamic law by Spanish courts from the perspective of legal pluralism. It therefore first sets out the conception of legal pluralism as a new regulatory paradigm and its recent ...
Christian J. Backenköhler Casajús
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