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Author: Mahabat Sadyrbek
Publisher: Routledge
ISBN: 1351375482
Category : Social Science
Languages : en
Pages : 417
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Book Description
Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan’s predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people’s deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.
Author: Mahabat Sadyrbek
Publisher: Routledge
ISBN: 1351375482
Category : Social Science
Languages : en
Pages : 417
Get Book Here
Book Description
Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan’s predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people’s deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.
Author: Scott Newton
Publisher: Bloomsbury Publishing
ISBN: 1509909478
Category : Law
Languages : en
Pages : 365
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Book Description
This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the 'new world order' of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.
Author: Janos Jany
Publisher: Springer Nature
ISBN: 3030437280
Category : Law
Languages : en
Pages : 492
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Book Description
This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.
Author: Bhavna Dave
Publisher: CEPS
ISBN: 929079707X
Category : Political Science
Languages : en
Pages : 196
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Book Description
"In July 2007, the European Union initiated a fundamentally new approach to the countries of Central Asia. The launch of the EU Strategy for Central Asia signals a qualitative shift in the Union's relations with a region of the world that is of growing importance as a supplier of energy, is geographically situated in a politically sensitive area - between China, Russia, Iran, Afghanistan and the south Caucasus - and contains some of the most authoritarian political regimes in the world. In this volume, leading specialists from Europe, the United States and Central Asia explore the key challenges facing the European Union as it seeks to balance its policies between enhancing the Union's energy, business and security interests in the region while strengthening social justice, democratisation efforts and the protection of human rights. With chapters devoted to the Union's bilateral relations with Kazakhstan, Uzbekistan, Turkmenistan and Tajikistan and to the vital issues of security and democratisation, 'Engaging Central Asia' provides the first comprehensive analysis of the EU's strategic initiative in a part of the world that is fast emerging as one of the key regions of the 21st century."--BOOK JACKET.
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"--
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: 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: Paolo Sartori
Publisher: BRILL
ISBN: 9004330909
Category : Law
Languages : en
Pages : 408
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Book Description
Visions of Justice offers an exploration of legal consciousness among the Muslim communities of Central Asia from the end of the eighteenth century through the fall of the Russian Empire. Paolo Sartori surveys how colonialism affected the way in which Muslims formulated their convictions about entitlements and became exposed to different notions of morality. Situating his work within a range of debates about colonialism and law, legal pluralism, and subaltern subjectivity, Sartori puts the study of Central Asia on a broad, conceptually sophisticated, comparative footing. Drawing from a wealth of Arabic, Persian, Turkic and Russian sources, this book provides a thoughtful critique of method and considers some of the contrasting ways in which material from Central Asian archives may most usefully be read. Publication in Open Access was made possible by a grant from the Volkswagen Foundation.
Author: Esther Somfalvy
Publisher: Routledge
ISBN: 1000095444
Category : Political Science
Languages : en
Pages : 202
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Book Description
This book explores the nature of parliamentary representation within the autocratic regimes of Kazakhstan and Kyrgyzstan. It argues that although many parliaments are elected under flawed or non-competitive elections, autocratic governments are nevertheless aware of the need to appear representative and accessible to the demands of citizens and that even limited parliaments manage to represent their voters, sometimes in ways not intended by the regime. The book examines how elites structure, manage and organize representation; how they foster the desired kind of representation; and how they limit the ways in which parliaments fulfil their representative functions. The book concludes that Kazakhstan is a more hegemonic form of autocracy and the Kyrgyz Republic a more competitive form and that the degree to which parliaments fulfil their representational functions and how much room for manoeuvre individual MPs have depends largely on how much parties control candidate selection and the daily schedule and administrative resources of parliaments.
Author: Pauline Jones
Publisher: University of Pittsburgh Press
ISBN: 0822981963
Category : Political Science
Languages : en
Pages : 341
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Book Description
During the 1990s, there was a general consensus that Central Asia was witnessing an Islamic revival after independence, and that this occurrence would follow similar events throughout the Islamic world in the prior two decades, which had negative effects on both social and political development. Twenty years later, we are still struggling to fully understand the transformation of Islam in a region that's evolved through a complex and dynamic process, involving diversity in belief and practice, religious authority, and political intervention. This volume seeks to shed light on these crucial questions by bringing together an international group of scholars to offer a fresh perspective on Central Asian states and societies. The chapters provide analysis through four distinct categories: the everyday practice of Islam across local communities; state policies toward Islam, focusing on attempts to regulate public and private practice through cultural, legal, and political institutions and how these differ from Soviet policies; how religious actors influence communities in the practice of Islam, state policies towards the religion, and subsequent communal responses to state regulations; and how knowledge of and interaction with the larger Islamic world is shaping Central Asia's current Islamic revival and state responses. The contributors, a multidisciplinary and international group of leading scholars, develop fresh insights that both corroborate and contradict findings from previous research, while also highlighting the problem of making any generalizations about Islam in individual states or the region. As such, this volume provides new and impactful analysis for scholars, students, and policy makers concerned with Central Asia.
