Human rights encounter legal pluralism : normative and empirical approaches

Bibliographic Information

Human rights encounter legal pluralism : normative and empirical approaches

edited by Giselle Corradi, Eva Brems and Mark Goodale

(Oñati international series in law and society)

Hart, 2019, c2017

  • : pbk

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Note

"First published in hardback, 2017"--T.p. verso

Includes bibliographical references (p. [223]-247) and index

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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Details

  • NCID
    BC13141524
  • ISBN
    • 9781509932238
  • Country Code
    uk
  • Title Language Code
    eng
  • Text Language Code
    eng
  • Place of Publication
    Oxford
  • Pages/Volumes
    viii, 255 p.
  • Size
    24 cm
  • Classification
  • Subject Headings
  • Parent Bibliography ID
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