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Alex Green, Jennifer Hendry - Legal Pluralism, Häftad

Häftad, Engelska, 2026

Legal Pluralism

New Trajectories in Law

Av Alex Green, Jennifer Hendry

Del i serien New Trajectories in Law

341 kr

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Beskrivning
This book examines the development and fundamental nature of legal pluralism. Legal pluralism evokes two distinctions: ‘state’ vs ‘non-state’ law; and ‘law’ vs ‘non-law’. As such, although this book focuses upon circumstances in which two or more legal orders compete to govern the same social space, it also addresses the nature of law in general. Drawing on material conflicts arising within jurisdictions such as Australia, Burundi, Cameroon, Gambia, the United States, and Zambia, this book explores the conceptual, moral, and political challenges that legal pluralism creates. Emphasising that non-state law carries no less dignity than that often ascribed to the legal orders of contemporary states, it advances a theoretically sophisticated argument in favour of recognising and respecting genuine cases of legal pluralism, wherever they arise. Accessible and thought provoking, this book will appeal to legal scholars, anthropologists, sociologists, and political and social philosophers as well as practising lawyers, judges, and policymakers who deal with issues of legal pluralism.
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Alex Green is a Senior Lecturer at York Law School, University of York, and an Academic Associate of 23 Essex Street Chambers (London and Manchester), UK. Jennifer Hendry is a Professor of Law and Social Justice at the University of Leeds School of Law and an Academic Associate of 23 Essex Street Chambers (London and Manchester), UK.

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"This excellent and reflective study argues that the concept of legal pluralism is important for understanding how law exists in the real world, influenced by historical contingencies that are often ignored in philosophical discussions. The authors seek to highlight these contingencies, offer insightful commentary, and encourage readers to consider their significance. It advocates a non-positivist ‘socio-legal jurisprudential’ approach, linking law to social justice and suggesting a methodological stance within legal philosophy. The book provides clarity in a complex and often unreflective field, and will help readers reason systematically about the complex reality of legal pluralism." Michael Palmer, Emeritus Professor of Law, SOAS, University of London, UK, and Cheng Yu Visiting Professor of Law, Hong Kong University, Hong Kong."Green and Hendry have produced a work that is original in its theoretical claims, honest about the practical stakes of its arguments, and ethically serious in a way that sets it apart from much analytical jurisprudence. Their insistence that the denial of legal status to indigenous normative orders is, in practice, almost always a tool of suppression and marginalisation gives the book an urgency that will resonate well beyond the philosophy of law. Legal Pluralism: New Trajectories in Law will be essential reading for legal theorists, comparative lawyers, and all those concerned with the relationship between law, justice, and colonial history."Dauren Makhambetsaliyev, Faculty of Law, Al-Farabi Kazakh National University, Kazakhstan.

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