Journal of Legal Pluralism and Unofficial Law最新文献

{"title":"The legal relations of “private” forests: making and unmaking private forest lands on Vancouver Island","authors":"Estair Van Wagner","doi":"10.1080/07329113.2021.1882803","DOIUrl":"https://doi.org/10.1080/07329113.2021.1882803","url":null,"abstract":"Abstract While the vast majority of forestlands in Canada are considered “Crown land,” there are key areas of private forestland. On private land the incidents of fee simple ownership mean the owner emerges as land use decision maker – the “agenda setter” for the land. Yet a richer set of legal relations exists in these forests. Indigenous legal orders derived from an enduring relationship with the land and place also govern forestlands. Using the case of the Esquimalt and Nanaimo Railway lands in British Columbia, this article explores the intersection between historical and contemporary human-forest relations upheld by Anglo-Canadian law and the pre-existing Indigenous legal relations with forestland. This article illustrates how the current model of Canadian natural resource governance, centered on consultation and accommodation of judicially recognized rights, fails to create adequate space for pluralistic human-forest relations and Indigenous environmental jurisdiction.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":"91 1","pages":"103 - 126"},"PeriodicalIF":0.6,"publicationDate":"2021-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82940712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sally Engle Merry: Shaping the Anthropology of Law","authors":"Mark Goodale","doi":"10.1080/07329113.2021.1880149","DOIUrl":"https://doi.org/10.1080/07329113.2021.1880149","url":null,"abstract":"I am grateful to the editors of the Journal of Legal Pluralism for asking me to offer some reflections on the contributions of Sally Engle Merry to the anthropology of law. Rather than a more traditional \"in memoriam\" or obituary, I thought that I would provide a more substantive discussion of the ways in which Sally’s professional life and research career shaped the field in ways that will be felt for many years to come. These contributions can be divided into three categories: institutional, intellectual, and methodological. In describing the ways in which Sally shaped the development of the anthropology of law through these three categories, I will only highlight the key interventions or concepts that seem to me to best crystallize the scope of Sally’s lasting influence. Institutionally, Sally played a fundamental role in promoting the growth of the anthropology of law both within and beyond the discipline. Her entry to the field in the early to mid-1980s coincided with the rapid expansion of what is called in the United States the law and society movement, which gives some indication of the way in which scholars wanted to do more than simply conduct sociolegal research: they wanted to transform the understanding of law itself by studying it as a consequential social process. Within the law and society movement, Sally became one of the leading voices for anthropology and the ethnographic approach to sociolegal research. Along with a few other anthropologists at the time, Sally worked to ensure that the anthropology of law became well-established among the other, and typically more powerful, disciplines—academic law, political science, sociology—that constituted the core of the law and society project. Her success as an advocate for the anthropology of law within the US Law and Society Association (LSA) was marked by a number of high-level accomplishments: she served as LSA President from 1993-1995; she won the LSA’s book prize in sociolegal history in 2002 (for Colonizing Hawai’i: The Cultural Power of Law, published by Princeton University Press); and, in 2007, was awarded the LSA’s most prestigious award, the Harry J. Kalven Jr. Prize, which is given to scholars who are held in the highest regard by their colleagues (the official description is for \"empirical scholarship that has contributed most effectively to the advancement of research in law and society\").","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":"1 1","pages":"4 - 10"},"PeriodicalIF":0.6,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83014740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Everyday justice in Myanmar: Informal resolutions and state evasion in a time of contested transition, edited by Helene Maria Kyed","authors":"Ergun Cakal","doi":"10.1080/07329113.2021.1885867","DOIUrl":"https://doi.org/10.1080/07329113.2021.1885867","url":null,"abstract":"Much scholarly space has been devoted to exploring politics, state-(trans)formation, conflict, and human rights in Myanmar. Against this backdrop, the legally-oriented scholarship has also been pre...","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":"20 1","pages":"154 - 157"},"PeriodicalIF":0.6,"publicationDate":"2021-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73663679","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Acknowledgement to our reviewers in 2020","authors":"K. Lakshmanan","doi":"10.1080/07329113.2021.1885858","DOIUrl":"https://doi.org/10.1080/07329113.2021.1885858","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":"40 1","pages":"161 - 162"},"PeriodicalIF":0.6,"publicationDate":"2021-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80357391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Collective forests and the community at the legal frontier of property rights reforms in China","authors":"Pingyang Liu, N. Ravenscroft","doi":"10.1080/07329113.2021.1872007","DOIUrl":"https://doi.org/10.1080/07329113.2021.1872007","url":null,"abstract":"Abstract Collective forests have long played an important economic, cultural and social role in the remote mountainous areas of China, especially before the Open and Reform Period. However, the centrist legal framework for managing and utilizing the collective forests was not sufficiently well developed to meet the demands of all community members, which led to largely unfettered overuse and illegal logging. This “tragedy of the commons” meant that the traditional human-forest connections that were so important in these areas gradually collapsed, to be replaced by self-interest. This situation informed a period of property rights reform in which steps were taken to introduce a form of legal pluralism that could improve both security of tenure and forest management. Using a study of Hongtian Village in Southern China, where forest tenure reform started, we argue that pluralist collective action is essential in order to identify grass-root solutions to the management of the forest commons. This involves the use rights for collective forests being separated from those of ownership, with the former distributed to households, according to their own, local, rules. While this new pluralist approach to forest tenure fostered renewed confidence in the potential for collective forestry to underpin community prosperity, the paper goes on to show how renewed top-down intervention, this time to promote a more ecological approach to forest management, has once again undermined the significance of people-forest relationships. We conclude by arguing that forests are very much at the frontier of property rights reform in China, because their effective governance depends utterly upon ensuring a plural approach to regulation that central authorities are currently unwilling to legitimate.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":"19 1","pages":"42 - 59"},"PeriodicalIF":0.6,"publicationDate":"2021-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78251183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Human rights hackers: crafting advocacy in Accra, Ghana","authors":"Catherine Buerger","doi":"10.1080/07329113.2021.1871707","DOIUrl":"https://doi.org/10.1080/07329113.2021.1871707","url":null,"abstract":"Abstract This article explores how groups of human rights activists in one of Ghana’s largest informal settlements craft innovative advocacy strategies, drawing on their experience with and knowledge of multiple legal regimes. In doing so, these activists “hack” the code of what has come to be understood by the global community as “acceptable” behavior in human rights campaigns, challenging the divisions between legal categories. By employing the concept of “hacking,” this article explores how activists mobilize outside of formal legal settings, attempting to build flexible advocacy campaigns, with some success and some fallout.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":"33 1","pages":"206 - 226"},"PeriodicalIF":0.6,"publicationDate":"2021-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85055255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Postlude: Belonging to Time","authors":"","doi":"10.1515/9780822387084-009","DOIUrl":"https://doi.org/10.1515/9780822387084-009","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":"21 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73721538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Chapter 1 PLURALISM AND EVIL","authors":"","doi":"10.1515/9780822387084-003","DOIUrl":"https://doi.org/10.1515/9780822387084-003","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":"1 2","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72486137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Chapter 4 PLURALISM AND TIME","authors":"","doi":"10.1515/9780822387084-007","DOIUrl":"https://doi.org/10.1515/9780822387084-007","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":"26 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87049554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Chapter 3 PLURALISM AND THE UNIVERSE","authors":"","doi":"10.1515/9780822387084-005","DOIUrl":"https://doi.org/10.1515/9780822387084-005","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":"51 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75680440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}