Legal Pluralism and Development Scholars and Practitioners in Dialogue

Author: Brian Z. Tamanaha; Caroline Sage; Michael Woolcock
Publisher: Cambridge University Press
ISBN: 9781107019409
Published In: July 2012
Format: Hardback , 270 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development.

• First collection devoted to exploring the implications of legal pluralism in the context of development policy

• Includes contributions from leading scholars who have written on legal pluralism, as well as development practitioners who have worked in the context of legal pluralism

• Combines the views of scholars who have been critical of the World Bank's development activities, alongside development professionals from the World Bank who have engaged in development activities

Contributors	vii
Preface	xv
Acknowledgments	xix
Introduction: Legal Pluralism and Development Policy -- Scholars and Practitioners in Dialogue Caroline Sage and Michael Woolcock	1
Part I. Origins and Contours
1 Historical Perspectives on Legal Pluralism Lauren Benton	21
2 The Rule of Law and Legal Pluralism in Development Brian Z. Tamanaha	34
3 Bendable Rules: The Development Implications of Human Rights Pluralism David Kinley	50
4 Legal Pluralism and Legal Culture: Mapping the Terrain Sally Engle Merry	66
5 Toward Equity in Development When the Law Is Not the Law: Reflections on Legal Pluralism in Practice Daniel Adler and Sokbunthoeun So	83
Part II. Theoretical foundations and conceptual debates
6 Sustainable Diversity in Law H. Patrick Glenn	95
7 Legal Pluralism 101 William Twining	112
8 The Development “Problem” of Legal Pluralism: An Analysis and Steps toward Solutions Gordon R. Woodman	129
9 Institutional Hybrids and the Rule of Law as a Regulatory Project Kanishka Jayasuriya	145
10 Some Implications of the Application of Legal Pluralism to Development Practice Doug J. Porter	162
Part III. From theory to practice
11 Legal Pluralism and International Development Agencies: State Building or Legal Reform Julio Faundez	177
12 Access to Property and Citizenship: Marginalization in a Context of Legal Pluralism Christian Lund	197
13 The Publicity “Defect” of Customary Law Varun Gauri	215
14 Unearthing Pluralism: Mining, Multilaterals, and the State Meg Taylor and Nicholas Menzies	228
15 The Problem with Problematizing Legal Pluralism: Lessons from the Field Deborah H. Isser	237
Index	249