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Legal Pluralism and Development Scholars and Practitioners in Dialogue

Edited by Brian Z. Tamanaha · Caroline Sage · Michael Woolcock
Cambridge University Press July 2012

Specifications

ISBN-13
9781107019409
Publisher
Cambridge University Press
Publication
July 2012
Format
Hardback , 270 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Brian Z. Tamanaha
Washington University School of Law

Caroline Sage
The World Bank

Michael Woolcock
The World Bank

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