{"title":"Pluralistic legal system, pluralistic human rights?: teenage pregnancy, child marriage and legal institutions in Bali","authors":"H. Horii","doi":"10.1080/07329113.2019.1683429","DOIUrl":null,"url":null,"abstract":"Abstract This article examines how the existence of multiple legal orders can impact the defense of human rights, by discussing how state legal agents in Bali navigate state law through local concerns and adat (customary) law in cases dealing with teenage pregnancy outside of marriage. In such “emergencies” where the morality of the community is at stake, families, adat authorities and state agents collaborate to find a way to fit these emergency situations into the locally accepted normative system, resulting in what international institutions call “child marriage.” In assessing the interaction between state law and customary law, this study offers a basis for discussing how legal pluralism should be addressed in the realization of human rights.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6000,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"9","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Legal Pluralism and Unofficial Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/07329113.2019.1683429","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 9
Abstract
Abstract This article examines how the existence of multiple legal orders can impact the defense of human rights, by discussing how state legal agents in Bali navigate state law through local concerns and adat (customary) law in cases dealing with teenage pregnancy outside of marriage. In such “emergencies” where the morality of the community is at stake, families, adat authorities and state agents collaborate to find a way to fit these emergency situations into the locally accepted normative system, resulting in what international institutions call “child marriage.” In assessing the interaction between state law and customary law, this study offers a basis for discussing how legal pluralism should be addressed in the realization of human rights.
期刊介绍：
As the pioneering journal in this field The Journal of Legal Pluralism and Unofficial Law (JLP) has a long history of publishing leading scholarship in the area of legal anthropology and legal pluralism and is the only international journal dedicated to the analysis of legal pluralism. It is a refereed scholarly journal with a genuinely global reach, publishing both empirical and theoretical contributions from a variety of disciplines, including (but not restricted to) Anthropology, Legal Studies, Development Studies and interdisciplinary studies. The JLP is devoted to scholarly writing and works that further current debates in the field of legal pluralism and to disseminating new and emerging findings from fieldwork. The Journal welcomes papers that make original contributions to understanding any aspect of legal pluralism and unofficial law, anywhere in the world, both in historic and contemporary contexts. We invite high-quality, original submissions that engage with this purpose.
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