Pub Date : 2020-12-31DOI: 10.1515/9780822387084-004
{"title":"Chapter 2 PLURALISM AND RELATIVISM","authors":"","doi":"10.1515/9780822387084-004","DOIUrl":"https://doi.org/10.1515/9780822387084-004","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86971535","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-31DOI: 10.1515/9780822387084-008
{"title":"Chapter 5 PLURALISM AND SOVEREIGNTY","authors":"","doi":"10.1515/9780822387084-008","DOIUrl":"https://doi.org/10.1515/9780822387084-008","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74337225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-31DOI: 10.1515/9780822387084-fm
{"title":"Frontmatter","authors":"","doi":"10.1515/9780822387084-fm","DOIUrl":"https://doi.org/10.1515/9780822387084-fm","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74860444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-31DOI: 10.1515/9780822387084-011
{"title":"Index","authors":"","doi":"10.1515/9780822387084-011","DOIUrl":"https://doi.org/10.1515/9780822387084-011","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84025150","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-31DOI: 10.1515/9780822387084-001
{"title":"Acknowledgments","authors":"","doi":"10.1515/9780822387084-001","DOIUrl":"https://doi.org/10.1515/9780822387084-001","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79467440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-03DOI: 10.1080/07329113.2020.1845503
Helen Dancer
Abstract Through a lens of legal pluralism, this article examines the histories, ontologies and discourses that have shaped two contrasting approaches to human-Earth relations in debates and legal frameworks for sustainable development. Anthropocentric discourses of nature as service-provider underpin the dominant approaches within ecology and economics. Ecocentric discourses of Nature as subject are reflected in Rights of Nature movements, particularly in the Americas, and at an international level, in the United Nations Harmony with Nature Programme. Drawing particularly on examples from forest governance in global and national contexts, this article analyses the ways in which international organisations and states have instrumentalised and embedded these discourses in law and policy and reflects on the challenges and possibilities for pluricultural legal orders, Rights of Nature and sustainable development. Moving away from conventional understandings of rights and entitlement to natural resources, the article argues for a deep legal pluralism that both decentres anthropocentric thinking on the environment and decentres the state in the development of Earth law. This places responsibility for the environment and the equitable sharing of power at the heart of legal frameworks on human-Earth relations and recognises the diversity of ontologies that shape these relationships in law and practice.
{"title":"Harmony with Nature: towards a new deep legal pluralism","authors":"Helen Dancer","doi":"10.1080/07329113.2020.1845503","DOIUrl":"https://doi.org/10.1080/07329113.2020.1845503","url":null,"abstract":"Abstract Through a lens of legal pluralism, this article examines the histories, ontologies and discourses that have shaped two contrasting approaches to human-Earth relations in debates and legal frameworks for sustainable development. Anthropocentric discourses of nature as service-provider underpin the dominant approaches within ecology and economics. Ecocentric discourses of Nature as subject are reflected in Rights of Nature movements, particularly in the Americas, and at an international level, in the United Nations Harmony with Nature Programme. Drawing particularly on examples from forest governance in global and national contexts, this article analyses the ways in which international organisations and states have instrumentalised and embedded these discourses in law and policy and reflects on the challenges and possibilities for pluricultural legal orders, Rights of Nature and sustainable development. Moving away from conventional understandings of rights and entitlement to natural resources, the article argues for a deep legal pluralism that both decentres anthropocentric thinking on the environment and decentres the state in the development of Earth law. This places responsibility for the environment and the equitable sharing of power at the heart of legal frameworks on human-Earth relations and recognises the diversity of ontologies that shape these relationships in law and practice.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72649287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-02DOI: 10.1080/07329113.2020.1855940
K. Tshering
Abstract This article presents judicial perspectives on the relevance of Gross National Happiness (GNH) to the judiciary and its ideological significance in the specific context of ensuring fair trials to self-represented criminal defendants (SRCDs) and administering (criminal) justice in Bhutan. The article draws on the findings from semi-structured qualitative interviews with 16 Bhutanese Justices and Judges around the country. The findings suggest that GNH is judicially perceived as a legislated responsibility of the judiciary and an integral aspect of and highly influential on administering fair criminal justice to SRCDs in Bhutan. In practice, GNH as part of the judicial process can inspire a more humane and holistic approach to administering justice, contributing to fairer trials and more satisfied litigants, as well as more happiness in the justice sector.
{"title":"Judicial perspectives of the ideological significance of gross national happiness to the judiciary: Ensuring fair trial to self-represented criminal defendants in Bhutan","authors":"K. Tshering","doi":"10.1080/07329113.2020.1855940","DOIUrl":"https://doi.org/10.1080/07329113.2020.1855940","url":null,"abstract":"Abstract This article presents judicial perspectives on the relevance of Gross National Happiness (GNH) to the judiciary and its ideological significance in the specific context of ensuring fair trials to self-represented criminal defendants (SRCDs) and administering (criminal) justice in Bhutan. The article draws on the findings from semi-structured qualitative interviews with 16 Bhutanese Justices and Judges around the country. The findings suggest that GNH is judicially perceived as a legislated responsibility of the judiciary and an integral aspect of and highly influential on administering fair criminal justice to SRCDs in Bhutan. In practice, GNH as part of the judicial process can inspire a more humane and holistic approach to administering justice, contributing to fairer trials and more satisfied litigants, as well as more happiness in the justice sector.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83437092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-28DOI: 10.1080/07329113.2020.1855009
D. Roth
{"title":"Rivers as legal subjects: A review essay","authors":"D. Roth","doi":"10.1080/07329113.2020.1855009","DOIUrl":"https://doi.org/10.1080/07329113.2020.1855009","url":null,"abstract":"","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90576392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-28DOI: 10.1080/07329113.2020.1853917
Da-wei Kuan, G. Charlton
Abstract Balay, kbalay, and sbalay are a series of related terms in the language of Tayal indigenous people in Taiwan. They connote Tayal people’s philosophy of reconciliation which is not only for resolving conflicts in the society but also embodied in the human–land relations. This article discusses the concept of justice in the sbalay philosophy that entrusts consensus and reconciliation with the truth. Examining the recent Pyanan Cypress Tree Incident sbalay case, this article analyzes the difference between Tayal people’s value system and Taiwanese state law and discusses some of the reasons behind the land conflicts between the state and indigenous peoples. This article suggests that it is necessary to provide legal space for Tayal people to practice the sbalay philosophy and human-land relations as part of the recognition of indigenous self-determination.
{"title":"Land and justice from the indigenous perspective: a study on the Tayal philosophy of “sbalay”","authors":"Da-wei Kuan, G. Charlton","doi":"10.1080/07329113.2020.1853917","DOIUrl":"https://doi.org/10.1080/07329113.2020.1853917","url":null,"abstract":"Abstract Balay, kbalay, and sbalay are a series of related terms in the language of Tayal indigenous people in Taiwan. They connote Tayal people’s philosophy of reconciliation which is not only for resolving conflicts in the society but also embodied in the human–land relations. This article discusses the concept of justice in the sbalay philosophy that entrusts consensus and reconciliation with the truth. Examining the recent Pyanan Cypress Tree Incident sbalay case, this article analyzes the difference between Tayal people’s value system and Taiwanese state law and discusses some of the reasons behind the land conflicts between the state and indigenous peoples. This article suggests that it is necessary to provide legal space for Tayal people to practice the sbalay philosophy and human-land relations as part of the recognition of indigenous self-determination.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85696360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-06DOI: 10.1080/07329113.2020.1840770
C. Larouche, Katherine Lemons
Abstract Postcolonial Indian politics have been punctuated by major debates about Muslim personal law: the law and case precedent that applies to Muslims in matters of marriage, divorce, adoption, succession, and inheritance. These debates ask whether gender equality for members of all religious communities can be achieved in a religiously differentiated legal system. While some argue that a uniform civil code would be the critical mechanism to protect women’s rights, we suggest that Muslim personal law in fact plays a marginal role in family courts, where shared statutes already hold a much more significant place. Based on a mixed-methods analysis of cases from a New Delhi Family court, we demonstrate that Muslim women almost exclusively file cases under common, non-religious laws, and that the few cases filed specifically under Muslim personal law are often adjudicated on the basis of a combination of laws rather than on Muslim law alone. Yet, our findings also confirm that Muslims are only marginally present in state courts, and mostly use other means to adjudicate family disputes. This situation pushes against the idea that the “harmonization” of religious personal laws is sufficient to understand the legal complexities confronting minority women.
{"title":"The narrowness of Muslim personal law: practices of legal harmonization in a Delhi family court","authors":"C. Larouche, Katherine Lemons","doi":"10.1080/07329113.2020.1840770","DOIUrl":"https://doi.org/10.1080/07329113.2020.1840770","url":null,"abstract":"Abstract Postcolonial Indian politics have been punctuated by major debates about Muslim personal law: the law and case precedent that applies to Muslims in matters of marriage, divorce, adoption, succession, and inheritance. These debates ask whether gender equality for members of all religious communities can be achieved in a religiously differentiated legal system. While some argue that a uniform civil code would be the critical mechanism to protect women’s rights, we suggest that Muslim personal law in fact plays a marginal role in family courts, where shared statutes already hold a much more significant place. Based on a mixed-methods analysis of cases from a New Delhi Family court, we demonstrate that Muslim women almost exclusively file cases under common, non-religious laws, and that the few cases filed specifically under Muslim personal law are often adjudicated on the basis of a combination of laws rather than on Muslim law alone. Yet, our findings also confirm that Muslims are only marginally present in state courts, and mostly use other means to adjudicate family disputes. This situation pushes against the idea that the “harmonization” of religious personal laws is sufficient to understand the legal complexities confronting minority women.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79647902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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