The Nexus Between Legal Pluralism and Inclusive Finance

The Nexus Between Legal Pluralism and Inclusive Finance PDF Author: Gebreyesus Yimer
Publisher: Springer Nature
ISBN: 3031716531
Category :
Languages : en
Pages : 162

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Book Description

The Nexus Between Legal Pluralism and Inclusive Finance

The Nexus Between Legal Pluralism and Inclusive Finance PDF Author: Gebreyesus Yimer
Publisher: Springer Nature
ISBN: 3031716531
Category :
Languages : en
Pages : 162

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Book Description


The Nexus Between Legal Pluralism and Inclusive Finance

The Nexus Between Legal Pluralism and Inclusive Finance PDF Author: Gebreyesus Yimer
Publisher: Springer
ISBN: 9783031716522
Category : Law
Languages : en
Pages : 0

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Book Description
This open access book provides detailed information on informal credit markets in Africa and how various legal systems affect these markets. Laws that impose strict formalism exclude many people from the financial system. The lessons learned from the informal credit markets in Ethiopia and South Africa indicate that pluralism offers better opportunities for people to access affordable and sustainable financial services. Inclusive legal systems promote inclusive financial systems. Therefore, international development organisations, financial institutions, international financial policymakers and standard setters should embrace pluralism to foster sustainable, inclusive and equitable financial systems. Pluralism recognises local innovation and creativity, which are vital for inclusive financial systems to flourish. In developing countries, many people who have no or only limited access to the services of official financial institutions often depend on informal credit markets. National law is the most critical element in terms of determining the operations of informal credit markets, defining the boundaries between formal and informal markets, and shaping the consequences of involvement in informal credit markets. This book will interest researchers, scholars, and students in the fields of legal theory, law and society, law and anthropology, legal pluralism, law and culture, and African law. However, its relevance extends beyond academia, offering policymakers involved in inclusive finance, law and development, and financial regulation in developing countries valuable insights and perspectives to inform their decisions and strategies.

Global Legal Pluralism

Global Legal Pluralism PDF Author: Paul Schiff Berman
Publisher: Cambridge University Press
ISBN: 1107376912
Category : Law
Languages : en
Pages : 357

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Book Description
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism PDF Author: Paul Schiff Berman
Publisher:
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133

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Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Legal Pluralism and Indian Democracy

Legal Pluralism and Indian Democracy PDF Author: Melvil Pereira
Publisher: Taylor & Francis
ISBN: 1351403664
Category : Social Science
Languages : en
Pages : 294

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Book Description
This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book: charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region; explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law’s continuing popularity (both pragmatic and ideological) and common law; brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women’s rights. Part of the prestigious ‘Transition in Northeastern India’ series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.

Ecological Sensitivity and Global Legal Pluralism

Ecological Sensitivity and Global Legal Pluralism PDF Author: Oren Perez
Publisher: Bloomsbury Publishing
ISBN: 1847311016
Category : Law
Languages : en
Pages : 308

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Book Description
The tension between trade liberalisation and environmental protection has received remarkable attention since the establishment of the WTO. It has been the subject of a wide-ranging debate, and is one of the central themes of the anti-globalisation movement. This book explores that debate. It argues that by focusing on the WTO, the debate has failed to recognise the institutional and discursive complexity in which the trade-environment conflict is embedded. A legal investigation of this nexus requires a framework of inquiry, in which this complexity can be elucidated - a model of global legal pluralism. The first theoretical part of the book (Chapters One and Two) responds to this challenge by developing a pluralistic model, which recognises the trade and environment conflict as the product of multiple dilemmas, constituted and negotiated by a myriad of institutional and discursive networks. As such, this conflict cannot be understood or addressed through one-dimensional models. Viewing the trade-environment conflict through a pluralistic perspective yields important practical insights. It means that this conflict cannot be resolved by uniform economic or legal formulae. Dealing with this conflict requires, rather, polycentric and contextual strategy. The empirical part of the book (Chapters Three to Seven) explicates this thesis by examining several global legal domains, ranging from the WTO to 'private' transnational regimes such as transnational litigation, international construction law and international financial law. This part demonstrates how the different discursive and institutional structures of these domains have influenced the contours of the trade-environment conflict, and considers the policy implications of this diversity from a pro-environmental perspective.

Islamic Wealth Taxation and Financing Public Health

Islamic Wealth Taxation and Financing Public Health PDF Author: Lyla Latif
Publisher: Ethics International Press
ISBN: 1804413313
Category : Business & Economics
Languages : en
Pages : 385

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Book Description
Islamic Wealth Taxation and Financing Public Health is an eye-opening and thought-provoking book that boldly explores new possibilities for funding public health initiatives in countries where Islam isn't the predominant religion. In this case, Kenya serves as the focal point. Written by a Pan-African Muslim woman, this book is a must-read for anyone curious about innovative ways to improve public health without overburdening taxpayers. The author delves into the concept of zakat, an Islamic wealth tax, and investigates how it could be used as a source of revenue to boost public health in non-Islamic states like Kenya. By shedding light on the inner workings of the Kenyan legal system, the book highlights the importance of understanding local power dynamics, cultural and religious beliefs, and political structures when examining legal issues. It's a fascinating look at how different legal frameworks can come together to tackle complex challenges, which brings together insights from human rights law, Islamic law, and constitutional law, showcasing the potential for interdisciplinary collaboration in solving real-world problems. One of the reasons this book is so timely and important is its alignment with global development goals, such as the United Nations Sustainable Development Goals (SDGs), the African Union Agenda 2063, and National Development Plans. These initiatives all emphasise the need for countries to find new, local funding sources without overtaxing their citizens. Exploring zakat as a potential solution in Kenya is particularly interesting, given the country's influence in East Africa and the potential impact of such a development in the region.

Legal Pluralism and Empires, 1500-1850

Legal Pluralism and Empires, 1500-1850 PDF Author: Lauren Benton
Publisher: NYU Press
ISBN: 0814708188
Category : Law
Languages : en
Pages : 325

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Book Description
This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.

The Politics of Private Transnational Governance by Contract

The Politics of Private Transnational Governance by Contract PDF Author: A. Claire Cutler
Publisher: Taylor & Francis
ISBN: 1315409569
Category : Business & Economics
Languages : en
Pages : 331

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Book Description
Outsourcing state functions and the limits of existing regulatory regimes -- Contract as transnational regulatory governance -- The emergence of a transnational private regime for the regulation of PMSCs -- Conclusion -- Notes -- References -- 14. Conclusion: Empire through contract: A private international law perspective -- Abstract -- Introduction -- Self-constituting regimes: Private international law's libertarian view of contract -- Possible antidotes: From the undiscovered DNA of contract law to new global forms of legal pluralism -- Notes -- References -- Index

Promoting the Rule of Law in Post-Conflict States

Promoting the Rule of Law in Post-Conflict States PDF Author: Laura Grenfell
Publisher: Cambridge University Press
ISBN: 1107026199
Category : History
Languages : en
Pages : 331

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Book Description
Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.