Journal of Legal Pluralism and Unofficial Law最新文献_第7页

Equalizing gendered access to Jewish divorce in South Africa 南非犹太人离婚的性别平等

IF 0.6

Journal of Legal Pluralism and Unofficial Law Pub Date : 2020-11-02 DOI: 10.1080/07329113.2020.1837465

Waheeda Amien, K. Rajwani

引用次数: 0

Just-ish? An analysis of routes to justice in family law disputes in England and Wales Just-ish吗?英格兰和威尔士家庭法纠纷的司法途径分析

IF 0.6

Journal of Legal Pluralism and Unofficial Law Pub Date : 2020-10-23 DOI: 10.1080/07329113.2020.1835220

A. Speed

{"title":"Just-ish? An analysis of routes to justice in family law disputes in England and Wales","authors":"A. Speed","doi":"10.1080/07329113.2020.1835220","DOIUrl":"https://doi.org/10.1080/07329113.2020.1835220","url":null,"abstract":"Abstract It is widely documented that the formal family justice system in England and Wales is in crisis. The family courts are plagued by delays and backlogs, whilst parties struggle to secure access to advice and representation due to cuts to public funding. Increasingly, litigants face economic, physical and cultural barriers to courts brought about by rising court fees, reforms to the court system and demographic changes which have resulted in diverse family forms for whom the family courts may have little legitimacy. The first part of this article examines how recent changes to family law and policy in England and Wales have reduced the ease with which parties are able to achieve procedural and substantive justice through the family courts. The second part of the article analyses how forums of dispute resolution which are delivered by non-state actors, but which rely on the state for their authority, have evolved to fill this justice gap and are therefore indicative of a move towards ‘weak’ legal pluralism in the context of family justice. It is argued that although the family courts are still an important cornerstone of the justice landscape, alternative forums of dispute resolution increasingly play a positive role in enabling disputants to achieve their procedural and substantive goals and this is strengthened by a weak approach to legal pluralism which upholds the autonomy of the parties whilst also ensuring necessary protections and safeguards for vulnerable litigants. The article therefore challenges critics of weak pluralism, who perceive that reliance on state recognition precludes institutions playing an important role outside of the state hierarchy.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86296853","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}

引用次数: 1

Blue Legalities. The Life & Laws of the Sea 蓝色的合法性。海洋的生命与法则

IF 0.6

Journal of Legal Pluralism and Unofficial Law Pub Date : 2020-10-13 DOI: 10.1080/07329113.2020.1833574

M. Wiber

引用次数: 2

Constituting Religion: Islam, Liberal Rights, and the Malaysian State 构成宗教:伊斯兰教、自由权利与马来西亚国家

IF 0.6

Journal of Legal Pluralism and Unofficial Law Pub Date : 2020-08-20 DOI: 10.1080/07329113.2020.1810995

Alma Begicevic

引用次数: 0

The disenchantment of the lore of law: Jacob Grimm's legal anthropology before anthropology 法律之爱的觉醒:格里姆在人类学之前的法律人类学

IF 0.6

Journal of Legal Pluralism and Unofficial Law Pub Date : 2020-05-03 DOI: 10.1080/07329113.2020.1755577

T. Ledvinka

{"title":"The disenchantment of the lore of law: Jacob Grimm's legal anthropology before anthropology","authors":"T. Ledvinka","doi":"10.1080/07329113.2020.1755577","DOIUrl":"https://doi.org/10.1080/07329113.2020.1755577","url":null,"abstract":"Abstract The legacy of Jacob Grimm, one of the Grimm brothers, is not limited to philological, mythological and folklore studies but also includes significant research into law and legal culture, which was seen as archaeological in his time. This resonated in classics of social and legal anthropology but was largely repudiated due to the anti–German sentiments raised around the World Wars. Some scholars have praised Jacob as the founder of legal ethnography and archaeology as well as legal pluralism, while others have criticized him as a nationalist inventor of a single German customary law. This paper argues that while Jacob’s legal research was tightly related to the German politics of self–determination; it is a distinct scholarly work whose many aspects are pertinent even for more recent socio–legal ethnographies. It points out especially the philological origins of his concept of law and the idea of legal poetry as a key factor in the formation of anthropological legal pluralism. Finally, Jacob’s attempt to understand the law in the past is seen as a transitional scholarly moment of the disenchantment of the law, which was closed before in theological and philological forms, that inaugurated the road to contemporary legal anthropology.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90725697","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}

引用次数: 2

Non-enforcement as a tool of mediation in pluralistic societies 作为多元社会调解工具的非强制执行

IF 0.6

Journal of Legal Pluralism and Unofficial Law Pub Date : 2020-05-03 DOI: 10.1080/07329113.2020.1796296

Sophia Sabrow

{"title":"Non-enforcement as a tool of mediation in pluralistic societies","authors":"Sophia Sabrow","doi":"10.1080/07329113.2020.1796296","DOIUrl":"https://doi.org/10.1080/07329113.2020.1796296","url":null,"abstract":"Abstract This paper addresses the question of why states enforce certain legal rules but not others. While systematic non-enforcement of laws is considered undesirable in a positivist sense, this article perceives non-enforcement as a deliberate tool of mediation. Arguing that laws can regulate social behaviour beyond their literal application, non-enforcement can become a mechanism to mediate between contradicting legal orders that coexist in the same socio-legal space. A case study of non-enforcement of Sharia legal codes in northern Nigeria illustrates my argument. I seek to explain why certain Sharia provisions are carried out, while others remain systematically unenforced despite sophisticated enforcement mechanisms. Through expert interviews and an interpretative media analysis, I claim that this is the result of a compromise in order to mediate between Sharia Law on the one hand and secular Common Law on the other. Despite undesirable side effects, non-enforcement has so far guaranteed stability around the highly sensitive issue in Nigeria. My data furthermore suggests that we have to look beyond the literal enforcement of laws in order to understand their social meaning and how they influence behaviour.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79919287","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}

引用次数: 5

Transformations on the ground: space and the power of land in Botswana 地面上的转变:博茨瓦纳的空间和土地的力量

IF 0.6

Journal of Legal Pluralism and Unofficial Law Pub Date : 2020-05-03 DOI: 10.1080/07329113.2020.1794405

Margaret O'Brien

引用次数: 2

Legal pluralism as a lens through which to understand the role and place of TJMS in international criminal justice 法律多元主义是理解TJMS在国际刑事司法中的作用和地位的一个视角

IF 0.6

Journal of Legal Pluralism and Unofficial Law Pub Date : 2020-05-03 DOI: 10.1080/07329113.2020.1780387

Emma Charlene Lubaale

{"title":"Legal pluralism as a lens through which to understand the role and place of TJMS in international criminal justice","authors":"Emma Charlene Lubaale","doi":"10.1080/07329113.2020.1780387","DOIUrl":"https://doi.org/10.1080/07329113.2020.1780387","url":null,"abstract":"Abstract This article makes a contribution to existing literature by developing a pluralist account for international criminal justice, specifically where there are Traditional Justice Mechanisms (TJMs) at play. This account has the effect of challenging the dominant assumption that TJMs have no place in international criminal justice, in particular, where the option to conduct criminal prosecution is considered. Subsequent to the background section, the second section engages with literature on legal pluralism in international criminal justice. This review constitutes an analytical framework for evaluating the ways in which TJMs can interact with other systems of justice. The third section provides an overview of the Ugandan conflict with a view to demonstrating the multiple approaches invoked in addressing the effects of the conflict in Uganda. The fourth section gives an overview of the scope and nature of TJMs while the fifth section engages with the criticisms leveled against TJMs. In light of the discussion in the fifth section, it is recommended that if TJMs in Uganda are to be properly contextualized and understood, there is a need to interpret the Juba Peace Agreement through a legal pluralism lens. The sixth section engages with the practical ways that TJMs can play a role in criminal proceedings before the ICC and national courts. Overall, the argument advanced is that where the option to prosecute is considered by the ICC, TJMs should, on a case by case basis, play a role within the framework of international criminal justice. Rather than choosing between TJMs and international criminal justice, emphasis should be placed on how TJMs and international criminal justice complement each other.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80673394","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}

引用次数: 2

Implications of legal pluralism for socio-technical transition studies – scrutinizing the ascendancy of the ring seine fishery in India 法律多元化对社会技术转型研究的影响-审查印度围网渔业的优势

IF 0.6

Journal of Legal Pluralism and Unofficial Law Pub Date : 2020-05-03 DOI: 10.1080/07329113.2020.1796297

M. Bavinck

引用次数: 4

The silent wars of the ordinary: bitter neighborliness and the judiciary in Haiti 普通人的无声战争:海地的痛苦睦邻关系和司法

IF 0.6

Journal of Legal Pluralism and Unofficial Law Pub Date : 2020-04-23 DOI: 10.1080/07329113.2020.1755537

Marco Motta

引用次数: 1