Human rights encounter legal pluralism : normative and empirical approaches
Author(s)
Bibliographic Information
Human rights encounter legal pluralism : normative and empirical approaches
（Oñati international series in law and society）
Hart Pub., 2017
- : hardback
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Note
Includes bibliographical references (p. [223]-247) and index
Contents of Works
- Human rights and legal pluralism : four research agendas / Giselle Corradi
- Legal pluralism as a human right and/or as a human rights violation / Eva Brems
- Legal pluralism and international human rights law : a multifaceted relationship / Ellen Desmet
- Human rights, cultural diversity, and legal pluralism from an indigenous perspective : the Awas Tingni case / Felipe Gomez Isá
- Taking the challenge of legal pluralism for human rights seriously / Andre Hoekema
- Indigenous justice and the right to a fair trial / Giselle Corradi
- Gender, human rights, and legal pluralities in Southern Africa : a matter of context and power / Anne Hellum and Rosalie Katsande
- Women's rights and transnational aid programs in Niger : the conundrums and possibilities of neoliberalism and legal pluralism / Kari Henquinet
- Legal borderlands : Ghanaian human rights advocacy between layers of law / Catherine Buerger
- Insiders' perspectives on Muslim divorce in Belgium : a women's rights analysis / Kim Lecoyer
- Through the looking glass of diversity : the right to family life from the perspective of transnational families in Belgium / Barbara Truffin and Olivier Struelens
Description and Table of Contents
Description
This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.
Table of 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 Gomez Isa
5. Taking the Challenge of Legal Pluralism for Human Rights Seriously
Andre 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
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