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Human Rights Encounter Legal Pluralism: Normative and Empirical Approaches

Edited by: Giselle Corradi, Eva Brems, Mark Goodale

ISBN13: 9781849467612
Published: May 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00
Paperback edition , ISBN13 9781509932238



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This collection deals with the intricacies of enhancing access to human rights in a world that is to a large extent characterised by legal pluralism, ie the co-existence and interaction of various legal orders in a same field of social relations. The point of departure is that the promotion of human rights is a desirable, yet complex undertaking, and that the insights generated within the scholarly tradition of legal pluralism and the ‘universality debate’ can help elucidate the issues at stake. Aware of numerous misunderstandings and of the mutual suspicion that exists between human rights scholars and legal anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between them. In that endeavour, both legal pluralism and human rights are problematised. Rather than analysing whether legal pluralism is compatible with human rights or whether non-state legal orders either comply with or breach international standards, this book focuses on the question: how does legal pluralism interplay with the promotion of human rights?

The contributors draw on experiences from Latin America, sub-Saharan Africa, Europe, Asia and the Middle East.

Subjects:
Human Rights and Civil Liberties
Contents:
INTRODUCTION
1. Human Rights and Legal Pluralism: Four Research Agendas
Giselle Corradi
PART ONE: NORMATIVE APPROACHES
2. Legal Pluralism as a Human Right and/or as a Human Rights Violation
Eva Brems
3. Legal Pluralism and International Human Rights Law: A Multifaceted Relationship
Ellen Desmet
4. Human Rights, Cultural Diversity and Legal Pluralism from an Indigenous Perspective: The Awas Tingni Case
Felipe Gómez Isa
5. Taking the Challenge of Legal Pluralism for Human Rights Seriously
André Hoekema
6. Indigenous Justice and the Right to a Fair Trial
Giselle Corradi

PART TWO: EMPIRICAL APPROACHES
7. Gender, Human Rights and Legal Pluralities in Southern Africa: A Matter of Context and Power
Anne Hellum and Rosalie Katsande
8. Women's Rights and Transnational Aid Programmes in Niger: The Conundrums and Possibilities of Neoliberalism and Legal Pluralism
Kari B Henquinet
9. Legal Borderlands: Ghanaian Human Rights Advocacy between the Layers of Law
Catherine Buerger
10. Insiders' Perspectives on Muslim Divorce in Belgium: A Women's Rights Analysis
Kim Lecoyer
11. Through the Looking Glass of Diversity: The Right to Family Life from the Perspectives of Transnational
Families in Belgium
Barbara Truffi n and Olivier Struelens

Series: Onati International Series in Law and Society

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Delivering Family Justice in the 21st Century ISBN 9781509917754
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European Penology? ISBN 9781509914500
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Women's Rights to Social Security and Social Protection ISBN 9781509912957
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Trust in International Police and Justice Cooperation ISBN 9781849467681
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Life Imprisonment and Human Rights ISBN 9781509902200
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Temporary Labour Migration in the Global Era: The Regulatory Challenges ISBN 9781509906284
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Regulatory Transformations: Rethinking Economy-Society Interactions ISBN 9781849463447
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Women's Rights to Social Security and Social Protection ISBN 9781849466929
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Emotions, Crime and Justice ISBN 9781849466837
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Gender and Judging (eBook) ISBN 9781782251118
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Gender and Judging ISBN 9781841136400
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European Penology? ISBN 9781849462334
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Managing Family Justice in Diverse Societies ISBN 9781849464000
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Challenging the Legal Boundaries of Work Regulation (eBook) ISBN 9781847319784
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Mediation in Political Conflicts: Soft Power or Counter Culture
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Emotions, Crime and Justice ISBN 9781849461610
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Travels of the Criminal Question: Cultural Embeddedness and Diffusion ISBN 9781849460767
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Human Rights at Work: Perspectives on Law and Regulation ISBN 9781841139982
Published October 2010
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The Legal Tender of Gender: Law, Welfare and the Regulation of Women's Poverty ISBN 9781841133157
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Criminology and Archaeology: Studies in the Looting of Antiquities ISBN 9781841139920
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Changing Contours of Domestic Life, Family and Law: Caring and Sharing ISBN 9781841139036
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Legal Institutions and Collective Memories ISBN 9781841133270
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Legal Institutions and Collective Memories ISBN 9781841133263
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£100.00
Living Law: Reconsidering Eugen Ehrlich
Edited by: Marc Hertogh
ISBN 9781841138985
Published December 2008
Hart Publishing
£38.99
Women, Crime and Social Harm: Towards a Criminology for the Global Age ISBN 9781841138411
Published November 2008
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£37.99
Rethinking Equality Projects in Law: Feminist Challenges ISBN 9781841138398
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£38.99
Responsible Business ISBN 9781841137803
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£38.99
Responsible Business ISBN 9781841137797
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Parenting after Partnering: Containing Conflict after Separation ISBN 9781841137810
Published December 2007
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Parenting after Partnering: Containing Conflict after Separation
Edited by: Mavis Maclean
ISBN 9781841137827
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£37.99
Crafting Transnational Policing ISBN 9781841137759
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£95.00
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European Ways of Law: Towards a European Sociology of Law ISBN 9781841137773
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European Ways of Law: Towards a European Sociology of Law ISBN 9781841137780
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£42.99
Globalisation and Resistance: Law reform in Asia since the Crisis ISBN 9781841136813
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Globalisation and Resistance: Law Reform in Asia since the Crisis ISBN 9781841136806
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Precarious Work, Women, and the New Economy: The Challenge to Legal Norms ISBN 9781841136165
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Luhmann On Law and Politics: Critical, Appraisals and Applications ISBN 9781841136240
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Theory and Method on Socio-Legal Research ISBN 9781841136264
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Women in the World's Legal Professions ISBN 9781841133201
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Hart Publishing
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Adapting Legal Cultures ISBN 9781841132921
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Poverty and the Law
ISBN 9781841131900
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Making Law for Families
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Making Law for Families
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£90.00
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Publication Abandoned