Author: Prakash Shah
Publisher: Martinus Nijhoff Publishers
ISBN: 9004162453
Category : Law
Languages : en
Pages : 250
Book Description
The large-scale establishment of ethnic minorities and diasporic communities in Europe has gained the attention of social science scholars for a number of decades now. However, legal interest in this field has remained relatively underdeveloped, and few scholars have addressed emerging legal issues to any significant degree. This collection of contributions by leading writers in the field of ethnic migration and diaspora studies therefore provides some important interdisciplinary perspectives of how ethnic/diasporic minorities in British and European contexts interact with the official legal system. This volume makes a significant contribution in assessing the role of law in current debates on the integration of ethnic and religious minorities of migrant origin in the EU. The chapters derive from papers first delivered at a lecture series on 'Cultural Diversity and Law' at the Institute of Advanced Legal Studies. The contributors' disciplinary interests range across law, anthropology, sociology, geography and political theory, and each one addresses the issues within his or her field of study by adopting approaches that place law within its wider social and political context. The topics covered range from a number of 'public' and 'private' law issues as well as the more conceptual realms of jurisprudence. They include marriage laws, approaches to dispute resolution, the role of courts and juries in the criminal justice system, drugs policies and the criminalisation of minorities, free speech and blasphemy, planning laws and the construction of religious buildings, composition of the judiciary, the normative foundations of cultural diversity in law, and integration and law. Thecompilation should therefore attract an interest beyond its core readership in law, making legal issues accessible to a whole range of students and policy makers within the social sciences.
Law and Ethnic Plurality
Author: Prakash Shah
Publisher: Martinus Nijhoff Publishers
ISBN: 9004162453
Category : Law
Languages : en
Pages : 250
Book Description
The large-scale establishment of ethnic minorities and diasporic communities in Europe has gained the attention of social science scholars for a number of decades now. However, legal interest in this field has remained relatively underdeveloped, and few scholars have addressed emerging legal issues to any significant degree. This collection of contributions by leading writers in the field of ethnic migration and diaspora studies therefore provides some important interdisciplinary perspectives of how ethnic/diasporic minorities in British and European contexts interact with the official legal system. This volume makes a significant contribution in assessing the role of law in current debates on the integration of ethnic and religious minorities of migrant origin in the EU. The chapters derive from papers first delivered at a lecture series on 'Cultural Diversity and Law' at the Institute of Advanced Legal Studies. The contributors' disciplinary interests range across law, anthropology, sociology, geography and political theory, and each one addresses the issues within his or her field of study by adopting approaches that place law within its wider social and political context. The topics covered range from a number of 'public' and 'private' law issues as well as the more conceptual realms of jurisprudence. They include marriage laws, approaches to dispute resolution, the role of courts and juries in the criminal justice system, drugs policies and the criminalisation of minorities, free speech and blasphemy, planning laws and the construction of religious buildings, composition of the judiciary, the normative foundations of cultural diversity in law, and integration and law. Thecompilation should therefore attract an interest beyond its core readership in law, making legal issues accessible to a whole range of students and policy makers within the social sciences.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004162453
Category : Law
Languages : en
Pages : 250
Book Description
The large-scale establishment of ethnic minorities and diasporic communities in Europe has gained the attention of social science scholars for a number of decades now. However, legal interest in this field has remained relatively underdeveloped, and few scholars have addressed emerging legal issues to any significant degree. This collection of contributions by leading writers in the field of ethnic migration and diaspora studies therefore provides some important interdisciplinary perspectives of how ethnic/diasporic minorities in British and European contexts interact with the official legal system. This volume makes a significant contribution in assessing the role of law in current debates on the integration of ethnic and religious minorities of migrant origin in the EU. The chapters derive from papers first delivered at a lecture series on 'Cultural Diversity and Law' at the Institute of Advanced Legal Studies. The contributors' disciplinary interests range across law, anthropology, sociology, geography and political theory, and each one addresses the issues within his or her field of study by adopting approaches that place law within its wider social and political context. The topics covered range from a number of 'public' and 'private' law issues as well as the more conceptual realms of jurisprudence. They include marriage laws, approaches to dispute resolution, the role of courts and juries in the criminal justice system, drugs policies and the criminalisation of minorities, free speech and blasphemy, planning laws and the construction of religious buildings, composition of the judiciary, the normative foundations of cultural diversity in law, and integration and law. Thecompilation should therefore attract an interest beyond its core readership in law, making legal issues accessible to a whole range of students and policy makers within the social sciences.
Legal Pluralism in Conflict
Author: Prakash Shah
Publisher: Psychology Press
ISBN: 9781904385585
Category : Law
Languages : en
Pages : 232
Book Description
Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. It will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.
Publisher: Psychology Press
ISBN: 9781904385585
Category : Law
Languages : en
Pages : 232
Book Description
Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. It will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.
Law and Ethnic Plurality
Author: Prakash Shah
Publisher: BRILL
ISBN: 9047422015
Category : Law
Languages : en
Pages : 249
Book Description
The large-scale establishment of ethnic minorities and diasporic communities in Europe has gained the attention of social science scholars for a number of decades now. However, legal interest in this field has remained relatively underdeveloped, and few scholars have addressed emerging legal issues to any significant degree. This collection of contributions by leading writers in the field of ethnic migration and diaspora studies therefore provides some important interdisciplinary perspectives of how ethnic/diasporic minorities in British and European contexts interact with the official legal system. This volume makes a significant contribution in assessing the role of law in current debates on the integration of ethnic and religious minorities of migrant origin in the EU. The chapters derive from papers first delivered at a lecture series on ‘Cultural Diversity and Law’ at the Institute of Advanced Legal Studies. The contributors’ disciplinary interests range across law, anthropology, sociology, geography and political theory, and each one addresses the issues within his or her field of study by adopting approaches that place law within its wider social and political context. The topics covered range from a number of ‘public’ and ‘private’ law issues as well as the more conceptual realms of jurisprudence. They include marriage laws, approaches to dispute resolution, the role of courts and juries in the criminal justice system, drugs policies and the criminalisation of minorities, free speech and blasphemy, planning laws and the construction of religious buildings, composition of the judiciary, the normative foundations of cultural diversity in law, and integration and law. The compilation should therefore attract an interest beyond its core readership in law, making legal issues accessible to a whole range of students and policy makers within the social sciences.
Publisher: BRILL
ISBN: 9047422015
Category : Law
Languages : en
Pages : 249
Book Description
The large-scale establishment of ethnic minorities and diasporic communities in Europe has gained the attention of social science scholars for a number of decades now. However, legal interest in this field has remained relatively underdeveloped, and few scholars have addressed emerging legal issues to any significant degree. This collection of contributions by leading writers in the field of ethnic migration and diaspora studies therefore provides some important interdisciplinary perspectives of how ethnic/diasporic minorities in British and European contexts interact with the official legal system. This volume makes a significant contribution in assessing the role of law in current debates on the integration of ethnic and religious minorities of migrant origin in the EU. The chapters derive from papers first delivered at a lecture series on ‘Cultural Diversity and Law’ at the Institute of Advanced Legal Studies. The contributors’ disciplinary interests range across law, anthropology, sociology, geography and political theory, and each one addresses the issues within his or her field of study by adopting approaches that place law within its wider social and political context. The topics covered range from a number of ‘public’ and ‘private’ law issues as well as the more conceptual realms of jurisprudence. They include marriage laws, approaches to dispute resolution, the role of courts and juries in the criminal justice system, drugs policies and the criminalisation of minorities, free speech and blasphemy, planning laws and the construction of religious buildings, composition of the judiciary, the normative foundations of cultural diversity in law, and integration and law. The compilation should therefore attract an interest beyond its core readership in law, making legal issues accessible to a whole range of students and policy makers within the social sciences.
Legal Practice and Cultural Diversity
Author:
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754675471
Category : Law
Languages : en
Pages : 366
Book Description
This collection considers how contemporary cultural and religious diversity challenges legal practice. Comparative in analysis, this study places particular cases in their widest context, taking into account international and transnational influences.
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754675471
Category : Law
Languages : en
Pages : 366
Book Description
This collection considers how contemporary cultural and religious diversity challenges legal practice. Comparative in analysis, this study places particular cases in their widest context, taking into account international and transnational influences.
Legal Pluralism in Ethiopia
Author: Susanne Epple
Publisher: transcript Verlag
ISBN: 3839450217
Category : Social Science
Languages : en
Pages : 415
Book Description
Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.
Publisher: transcript Verlag
ISBN: 3839450217
Category : Social Science
Languages : en
Pages : 415
Book Description
Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.
Normative Plurality in International Law
Author: Carlos Iván Fuentes
Publisher: Springer
ISBN: 3319439294
Category : Law
Languages : en
Pages : 263
Book Description
This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.
Publisher: Springer
ISBN: 3319439294
Category : Law
Languages : en
Pages : 263
Book Description
This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.
International Approaches to Governing Ethnic Diversity
Author: Jane Boulden
Publisher: Oxford University Press, USA
ISBN: 0199676585
Category : Law
Languages : en
Pages : 337
Book Description
This book charts new territory by mapping the range of international actors who affect the governance of ethnic diversity and exploring their often contradictory roles and impacts.
Publisher: Oxford University Press, USA
ISBN: 0199676585
Category : Law
Languages : en
Pages : 337
Book Description
This book charts new territory by mapping the range of international actors who affect the governance of ethnic diversity and exploring their often contradictory roles and impacts.
Dialogues on Human Rights and Legal Pluralism
Author: René Provost
Publisher: Springer Science & Business Media
ISBN: 9400747101
Category : Law
Languages : en
Pages : 293
Book Description
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Publisher: Springer Science & Business Media
ISBN: 9400747101
Category : Law
Languages : en
Pages : 293
Book Description
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Social Statistics and Ethnic Diversity
Author: Patrick Simon
Publisher: Springer
ISBN: 331920095X
Category : Social Science
Languages : en
Pages : 241
Book Description
This open access book examines the question of collecting and disseminating data on ethnicity and race in order to describe characteristics of ethnic and racial groups, identify factors of social and economic integration and implement policies to redress discrimination. It offers a global perspective on the issue by looking at race and ethnicity in a wide variety of historical, country-specific contexts, including Asia, Latin America, Europe, Oceania and North America. In addition, the book also includes analysis on the indigenous populations of the Americas. The book first offers comparative accounts of ethnic statistics. It compares and empirically tests two perspectives for understanding national ethnic enumeration practices in a global context based on national census questionnaires and population registration forms for over 200 countries between 1990 to 2006. Next, the book explores enumeration and identity politics with chapters that cover the debate on ethnic and racial statistics in France, ethnic and linguistic categories in Québec, Brazilian ethnoracial classification and affirmative action policies and the Hispanic/Latino identity and the United States census. The third, and final, part of the book examines measurement issues and competing claims. It explores such issues as the complexity of measuring diversity using Malaysia as an example, social inequalities and indigenous populations in Mexico and the demographic explosion of aboriginal populations in Canada from 1986 to 2006. Overall, the book sheds light on four main questions: should ethnic groups be counted, how should they be counted, who is and who is not counted and what are the political and economic incentives for counting. It will be of interest to all students of race, ethnicity, identity, and immigration. In addition, researchers as well as policymakers will find useful discussions and insights for a better understanding of the complexity of categorization and related political and policy challenges.
Publisher: Springer
ISBN: 331920095X
Category : Social Science
Languages : en
Pages : 241
Book Description
This open access book examines the question of collecting and disseminating data on ethnicity and race in order to describe characteristics of ethnic and racial groups, identify factors of social and economic integration and implement policies to redress discrimination. It offers a global perspective on the issue by looking at race and ethnicity in a wide variety of historical, country-specific contexts, including Asia, Latin America, Europe, Oceania and North America. In addition, the book also includes analysis on the indigenous populations of the Americas. The book first offers comparative accounts of ethnic statistics. It compares and empirically tests two perspectives for understanding national ethnic enumeration practices in a global context based on national census questionnaires and population registration forms for over 200 countries between 1990 to 2006. Next, the book explores enumeration and identity politics with chapters that cover the debate on ethnic and racial statistics in France, ethnic and linguistic categories in Québec, Brazilian ethnoracial classification and affirmative action policies and the Hispanic/Latino identity and the United States census. The third, and final, part of the book examines measurement issues and competing claims. It explores such issues as the complexity of measuring diversity using Malaysia as an example, social inequalities and indigenous populations in Mexico and the demographic explosion of aboriginal populations in Canada from 1986 to 2006. Overall, the book sheds light on four main questions: should ethnic groups be counted, how should they be counted, who is and who is not counted and what are the political and economic incentives for counting. It will be of interest to all students of race, ethnicity, identity, and immigration. In addition, researchers as well as policymakers will find useful discussions and insights for a better understanding of the complexity of categorization and related political and policy challenges.
The Oxford Handbook of Global Legal Pluralism
Author: Paul Schiff Berman
Publisher:
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133
Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Publisher:
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133
Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--