Ordering Pluralism

Ordering Pluralism
Title Ordering Pluralism PDF eBook
Author Mireille Delmas-Marty
Publisher Bloomsbury Publishing
Pages 196
Release 2009-08-25
Genre Law
ISBN 1847315313

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From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC

Ordering Pluralism

Ordering Pluralism
Title Ordering Pluralism PDF eBook
Author Mireille Delmas-Marty
Publisher
Pages 8
Release 2009
Genre International law
ISBN

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In the traditional legal culture, the expression of "ordering pluralism" is rather unusual. Pluralism implies differences, dispersion and fragmentation, whereas "legal order" leads us to think in terms of a unified structure. From this perspective, a legal order is necessarily unified, hierarchical and almost static. But our legal history has changed and we must rise to the challenge of changing our minds. The world is not static but interactive and rapidly evolving. In Europe, a supranational legal order was established after the end of World War II. In the whole world, the end of Cold War accelerated the so-called globalisation of law. In this new global world, we have to observe the different processes used for ordering pluralism by integrating the plural without reducing it to the identical. Using "ordering", rather than "ordered" pluralism, because it is a way to stress the processes of integration rather than the results, the movement rather than the model. Looking at these processes, we will identify different degrees of integration, different levels in space, and different speeds in time to analyse the possible answers to a series of questions: How? Where? When? And finally, what will the future world order look like? As the states become more and more interdependent, a radical conception of sovereignty seems to pave the way to the great legal disorder; but an absolute universalism may produce the risk of unifying and freezing the world order in a hegemonic way. If we refuse both extremes, we have no choice but to try to reconcile diversity and unity in "ordering pluralism" by imagining a pluralist model.--

Governing Refugees

Governing Refugees
Title Governing Refugees PDF eBook
Author Kirsten McConnachie
Publisher Routledge
Pages 220
Release 2014-04-24
Genre Law
ISBN 1135051348

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Refugee camps are imbued in the public imagination with assumptions of anarchy, danger and refugee passivity. Governing Refugees: Justice, Order and Legal Pluralism challenges such assumptions, arguing that refugee camps should be recognized as spaces where social capital can not only survive, but thrive. This book examines camp management and the administration of justice in refugee camps on the Thailand-Burma border. Emphasising the work of refugees themselves in coping with and adapting to encampment, it considers themes of agency, sovereignty and legal pluralism in an analysis of local governance and the production of order beyond the state. Governing Refugees will appeal to anyone with relevant interests in law, anthropology and criminology, as well as those working in the area of refugee studies.

Blessed Rage for Order

Blessed Rage for Order
Title Blessed Rage for Order PDF eBook
Author David Tracy
Publisher University of Chicago Press
Pages 287
Release 1996-03
Genre Religion
ISBN 0226811298

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In Blessed Rage for Order, David Tracy examines the cultural context in which theological pluralism emerged. Analyzing orthodox, liberal, neo-orthodox, and radical models of theology, Tracy formulates a new 'revisionist' model. He considers which methods promise the most certain results for a revisionist theology and applies his model to the principal questions in contemporary theology, including the meanings of religion, theism, and of christology.

Confident Pluralism

Confident Pluralism
Title Confident Pluralism PDF eBook
Author John D. Inazu
Publisher University of Chicago Press
Pages 187
Release 2018-08-03
Genre Law
ISBN 022659243X

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In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—strive to live together peaceably despite our deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties and differing viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. With a new preface that addresses the election of Donald Trump, the decline in civic discourse after the election, the Nazi march in Charlottesville, and more, this new edition of Confident Pluralism is an essential clarion call during one of the most troubled times in US history. Inazu argues for institutions that can work to bring people together as well as political institutions that will defend the unprotected. Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and provides a path forward to a healthier future of tolerance, humility, and patience.

The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism
Title The Oxford Handbook of Global Legal Pluralism PDF eBook
Author Paul Schiff Berman
Publisher Oxford University Press, USA
Pages 1133
Release 2020-09-24
Genre Law
ISBN 0197516742

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"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Legal Pluralism Explained

Legal Pluralism Explained
Title Legal Pluralism Explained PDF eBook
Author Brian Z. Tamanaha
Publisher Oxford University Press
Pages 208
Release 2021-03-03
Genre Law
ISBN 0190861584

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Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.