Legal Pluralism by Green, Alex; Hendry, Jennifer;

Short description:

This book examines the development and fundamental nature of legal pluralism. 

Long description:

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.

"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

Table of Contents:

Introduction: A New Trajectory for Legal Pluralism 1. The Conceptual Development of Legal Pluralism 2. The Value(s) of Law and the Possibility of its Plurality 3. Colonial Injustice and Legal Pluralism. Conclusion: The Universal Plurality of Law