{"title":"流动人口在全球移徙和法律的运作:对法律多元化作用的反思","authors":"Sulistyowati Irianto, Titiek Kartika Hendrastiti, Tirtawening Tirtawening","doi":"10.1080/07329113.2021.2004782","DOIUrl":null,"url":null,"abstract":"ABSTRACT This paper for the anniversary issue of the Journal of Legal Pluralism and Unofficial Law attempts to explain how legal pluralism as a sensitizing concept plays a role as an auxiliary in looking at phenomena where there is a co-existence between various legal systems. The legal pluralism approach carries methodological consequences that require a researcher to use microscopic lenses to observe the relations between law and relevant actors in cross-border spaces. It is also important to examine the interrelations between the concept of personhood with law in a context of legal pluralism. Without a legal pluralism approach linked with a relational approach that looks at the connections between law and relevant actors, research would not be able to generate a significant narrative about how law works. In this paper, the conceptual and methodological reflections on legal pluralism are linked to a research on the diversity of legal references that regulate the issue of Indonesian female migrant workers in the United Arab Emirates (UAE), with all its implications for actual access to justice for women.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6000,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Mobile people in global migration and the working of law: a reflection on the role of legal pluralism\",\"authors\":\"Sulistyowati Irianto, Titiek Kartika Hendrastiti, Tirtawening Tirtawening\",\"doi\":\"10.1080/07329113.2021.2004782\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT This paper for the anniversary issue of the Journal of Legal Pluralism and Unofficial Law attempts to explain how legal pluralism as a sensitizing concept plays a role as an auxiliary in looking at phenomena where there is a co-existence between various legal systems. The legal pluralism approach carries methodological consequences that require a researcher to use microscopic lenses to observe the relations between law and relevant actors in cross-border spaces. It is also important to examine the interrelations between the concept of personhood with law in a context of legal pluralism. Without a legal pluralism approach linked with a relational approach that looks at the connections between law and relevant actors, research would not be able to generate a significant narrative about how law works. In this paper, the conceptual and methodological reflections on legal pluralism are linked to a research on the diversity of legal references that regulate the issue of Indonesian female migrant workers in the United Arab Emirates (UAE), with all its implications for actual access to justice for women.\",\"PeriodicalId\":44432,\"journal\":{\"name\":\"Journal of Legal Pluralism and Unofficial Law\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2021-09-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Legal Pluralism and Unofficial Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/07329113.2021.2004782\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Legal Pluralism and Unofficial Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/07329113.2021.2004782","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Mobile people in global migration and the working of law: a reflection on the role of legal pluralism
ABSTRACT This paper for the anniversary issue of the Journal of Legal Pluralism and Unofficial Law attempts to explain how legal pluralism as a sensitizing concept plays a role as an auxiliary in looking at phenomena where there is a co-existence between various legal systems. The legal pluralism approach carries methodological consequences that require a researcher to use microscopic lenses to observe the relations between law and relevant actors in cross-border spaces. It is also important to examine the interrelations between the concept of personhood with law in a context of legal pluralism. Without a legal pluralism approach linked with a relational approach that looks at the connections between law and relevant actors, research would not be able to generate a significant narrative about how law works. In this paper, the conceptual and methodological reflections on legal pluralism are linked to a research on the diversity of legal references that regulate the issue of Indonesian female migrant workers in the United Arab Emirates (UAE), with all its implications for actual access to justice for women.
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.