{"title":"法律间的 \"双重视角\":英国穆斯林妇女的多元法律意识","authors":"SIMRAN KALRA","doi":"10.1111/jols.12496","DOIUrl":null,"url":null,"abstract":"Legal pluralism scholarship has argued that co‐existing legal orders interact. Individuals draw on exogenous norms to strategically resist social and legal constraints. Integrating the concepts of ‘situated legal consciousness’ and ‘interlegality’, I explore how identities within intersecting legal orders influence legal consciousness. To this end, I draw on a case study of the plurality in marriage laws among British Muslim communities in England, where Islamic <jats:italic>nikah</jats:italic> ceremonies are not by themselves recognized as marriage. My analysis shows that marginalized individuals routinely rely on interlegality to make sense of their realities and choices. This engenders a ‘double vision’, as individuals perceive their identities, social arrangements, and the law through an integrated lens of intersecting laws. They resist the social locations to which they are relegated in plural legal orders and reposition themselves within these with the aid of a composite identity that allows them to see their lifeworlds through a double vision of the law.","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"28 1","pages":""},"PeriodicalIF":1.3000,"publicationDate":"2024-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"‘Double vision’ in the interlegal: the situated pluri‐legal consciousness of British Muslim women\",\"authors\":\"SIMRAN KALRA\",\"doi\":\"10.1111/jols.12496\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Legal pluralism scholarship has argued that co‐existing legal orders interact. Individuals draw on exogenous norms to strategically resist social and legal constraints. Integrating the concepts of ‘situated legal consciousness’ and ‘interlegality’, I explore how identities within intersecting legal orders influence legal consciousness. To this end, I draw on a case study of the plurality in marriage laws among British Muslim communities in England, where Islamic <jats:italic>nikah</jats:italic> ceremonies are not by themselves recognized as marriage. My analysis shows that marginalized individuals routinely rely on interlegality to make sense of their realities and choices. This engenders a ‘double vision’, as individuals perceive their identities, social arrangements, and the law through an integrated lens of intersecting laws. They resist the social locations to which they are relegated in plural legal orders and reposition themselves within these with the aid of a composite identity that allows them to see their lifeworlds through a double vision of the law.\",\"PeriodicalId\":51544,\"journal\":{\"name\":\"Journal of Law and Society\",\"volume\":\"28 1\",\"pages\":\"\"},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2024-09-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Law and Society\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1111/jols.12496\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Society","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1111/jols.12496","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
‘Double vision’ in the interlegal: the situated pluri‐legal consciousness of British Muslim women
Legal pluralism scholarship has argued that co‐existing legal orders interact. Individuals draw on exogenous norms to strategically resist social and legal constraints. Integrating the concepts of ‘situated legal consciousness’ and ‘interlegality’, I explore how identities within intersecting legal orders influence legal consciousness. To this end, I draw on a case study of the plurality in marriage laws among British Muslim communities in England, where Islamic nikah ceremonies are not by themselves recognized as marriage. My analysis shows that marginalized individuals routinely rely on interlegality to make sense of their realities and choices. This engenders a ‘double vision’, as individuals perceive their identities, social arrangements, and the law through an integrated lens of intersecting laws. They resist the social locations to which they are relegated in plural legal orders and reposition themselves within these with the aid of a composite identity that allows them to see their lifeworlds through a double vision of the law.
期刊介绍:
Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.