Cultural Diversity and Law
About the Book Series
Around the world, most states are faced with difficult issues arising out of cultural diversity in their territories. Within the legal field, such issues span across matters of private law through to public and constitutional law. At international level too there is now considerable jurisprudence regarding ethnic, religious and cultural diversity. In addition, there are several layers of legal control - from communal and religious regulation to state and international regulation. This multiplicity of norm setting has been variously termed legal pluralism, inter-legality or inter-normativity and provides a fascinating lens for academic analysis that links up to cultural diversity in new and interesting ways. The umbrella of cultural diversity encompasses various population groups throughout the world ranging from national, ethnic, religious or indigenous groupings. This series particularly welcomes work that is of comparative interest, concerning various state jurisdictions as well as different population groups.
Courts, Pluralism and Law in the Everyday: Food, Clothing and Days of Rest
1st Edition
By Cinzia Piciocchi
December 19, 2024
This book examines the everyday judicial experience in four multicultural jurisdictions as a means of exploring the relationship between legal systems and cultural identities. Increasing social heterogeneity has deeply affected legal systems as courts and parliaments must now deal with a growing ...
African Customary Justice: Living Law, Legal Pluralism, and Public Ethics
1st Edition
By Pnina Werbner, Richard Werbner
September 25, 2023
This book presents an important ethnographic and theoretical advance in legal anthropological scholarship by interrogating customary law, customary courts and legal pluralism in sub-Saharan Africa. It highlights the vitality and continued relevance of customary justice at a time when customary ...
Between Cultural Diversity and Common Heritage: Legal and Religious Perspectives on the Sacred Places of the Mediterranean
1st Edition
Edited
By Silvio Ferrari, Andrea Benzo
June 30, 2020
Going beyond the more usual focus on Jerusalem as a sacred place, this book presents legal perspectives on the most important sacred places of the Mediterranean. The first part of the book discusses the notion of sacred places in anthropological, sociological and legal studies and provides an ...
Culture and the Judiciary: The Anthropologist Judge
1st Edition
By Ilenia Ruggiu
June 30, 2020
How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book ...
Legal Reform and Business Contracts in Developing Economies: Trust, Culture, and Law in Dakar
1st Edition
By Julie Paquin
June 30, 2020
This book examines the prospects for business law reform to drive economic development in developing countries. It argues that, despite statements to the contrary, cultural factors and other local conditions in developing countries are not properly taken into account in current business law reform ...
State and Legal Practice in the Caucasus: Anthropological Perspectives on Law and Politics
1st Edition
Edited
By Stéphane Voell, Iwona Kaliszewska
June 30, 2020
Legal pluralism and the experience of the state in the Caucasus are at the centre of this edited volume. This is a region affected by a multitude of legal orders and the book describes social action and governance in the light of this, and considers how conceptions of order are enforced, used, ...
The Challenge of Legal Pluralism: Local dispute settlement and the Indian-state relationship in Ecuador
1st Edition
By Marc Simon Thomas
June 30, 2020
Within the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance. This book argues that, because ordinary Indians are not ...
Law, Cultural Diversity, and Criminal Defense
1st Edition
By Craig L. Carr, Lisa Johnson
January 14, 2020
American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work ...
Access to Justice and Human Security: Cultural Contradictions in Rural South Africa
1st Edition
By Sindiso Mnisi Weeks
December 12, 2019
For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the ...
The State and the Paradox of Customary Law in Africa
1st Edition
Edited
By Olaf Zenker, Markus Virgil Hoehne
November 08, 2019
Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and ...
Judging in the Islamic, Jewish and Zoroastrian Legal Traditions: A Comparison of Theory and Practice
1st Edition
By Janos Jany
May 31, 2017
This book presents a comparative analysis of the judiciary in the Islamic, Jewish and Zoroastrian legal systems. It compares postulations of legal theory to legal practice in order to show that social practice can diverge significantly from religious and legal principles. It thus provides a greater...
Muslim Families, Politics and the Law: A Legal Industry in Multicultural Britain
1st Edition
By Ralph Grillo
February 03, 2017
Contemporary European societies are multi-ethnic and multi-cultural, certainly in terms of the diversity which has stemmed from the immigration of workers and refugees and their settlement. Currently, however, there is widespread, often acrimonious, debate about ’other’ cultural and religious ...