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Author: Susanne Epple
Publisher: transcript Verlag
ISBN: 3839450217
Category : Social Science
Languages : en
Pages : 415
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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.
Author: Susanne Epple
Publisher: transcript Verlag
ISBN: 3839450217
Category : Social Science
Languages : en
Pages : 415
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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.
Author: Norbert Oberauer
Publisher: BRILL
ISBN: 9004398260
Category : Law
Languages : en
Pages : 268
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Book Description
Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271
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Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Author: Alula Pankhurst
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 338
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Book Description
This book presents a timely review of the relations between the formal and customary justice systems in Ethiopia, and offers recommendations for legal reform. The book provides cases studies from all the Region of Ethiopia based on field research on the working of customary dispute resolution (CDR) institutions, their mandates, compositions, procedures and processes. The cases studies also document considerable unofficial linkages with the state judicial system, and consider the advantages as.
Author: M. Kötter
Publisher: Springer
ISBN: 1137403284
Category : Political Science
Languages : en
Pages : 262
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Book Description
This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.
Author: ʼAbarā Ǧambaré
Publisher:
ISBN:
Category : History
Languages : en
Pages : 344
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Book Description
This is the first English-language overview of the history of Ethiopian law. It describes the main features of its unique development on the basis of indigenous customary law and Roman-Byzantine legal traditions. The study also pays attention to the codification of laws and modernization of the judicial system undertaken in the reign of Emperor Haile Sellassie (1930-1974), and to matters of procedural and court justice. Throughout, topics and areas for further research are identified.
Author: M. B. Hooker
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 634
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Book Description
This study describes the plural systems of those states retaining an indigenous law which have had imposed, or have adopted into themselves, Western laws- such as those inherited from colonial empires or adopted voluntarily in, for example, Turkey, Thailand, and Ethiopia. Attention is also given to the revolutionary change of law in the U.S.S.R and China. Many issues of practical importance are involved in pluralism, includind those of modernization and development of law for economic and development of law for economic and social purposes, as well as conflicts of law and legal theory.
Author: Peer Zumbansen
Publisher: Oxford University Press
ISBN: 0197547419
Category : Law
Languages : en
Pages : 1246
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Book Description
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Author: Elies van Sliedregt
Publisher:
ISBN: 0198703198
Category : Law
Languages : en
Pages : 481
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Book Description
International crimes are mostly prosecuted at the national level and domestic judges have to contend with a plethora of divergent judgments from international tribunals and other domestic courts. This book assesses the impact of this legal pluralism, exploring whether divergence can be accepted as regular feature of international criminal justice.
Author: Donald N. Levine
Publisher: University of Chicago Press
ISBN: 022622967X
Category : History
Languages : en
Pages : 259
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Book Description
Greater Ethiopia combines history, anthropology, and sociology to answer two major questions. Why did Ethiopia remain independent under the onslaught of European expansionism while other African political entities were colonized? And why must Ethiopia be considered a single cultural region despite its political, religious, and linguistic diversity? Donald Levine's interdisciplinary study makes a substantial contribution both to Ethiopian interpretive history and to sociological analysis. In his new preface, Levine examines Ethiopia since the overthrow of the monarchy in the 1970s. "Ethiopian scholarship is in Professor Levine's debt. . . . He has performed an important task with panache, urbanity, and learning."—Edward Ullendorff, Times Literary Supplement "Upon rereading this book, it strikes the reader how broad in scope, how innovative in approach, and how stimulating in arguments this book was when it came out. . . . In the past twenty years it has inspired anthropological and historical research, stimulated theoretical debate about Ethiopia's cultural and historical development, and given the impetus to modern political thinking about the complexities and challenges of Ethiopia as a country. The text thus easily remains an absolute must for any Ethiopianist scholar to read and digest."-J. Abbink, Journal of Modern African Studies
