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Plurinational Democracy: Stateless Nations in a Post-Sovereignty Era

Michael Keating

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199240760
eISBN:
9780191599644
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199240760.001.0001
Subject:
Political Science, Comparative Politics

Nationality claims are often seen as zero‐sum politics involving incompatible conceptions of the polity. Nationalism and self‐determination are seen as equivalent to separatism. Rethinking the ... More


Legality's Borders: An Essay in General Jurisprudence

Keith Culver and Michael Giudice

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.001.0001
Subject:
Law, Philosophy of Law

Analytical legal theories are increasingly sophisticated, yet their development is uneven. While admirably adapted to explaining the unitary law-state, they are poorly suited to characterizing new ... More


Indigenous Peoples and the Right of Political Autonomy in an Age of Global Legal Pluralism

Steven Wheatley

in Law and Anthropology: Current Legal Issues Volume 12

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.003.0014
Subject:
Law, Comparative Law

This chapter focuses on the complexities that emerge in the system of global governance following the acceptance that indigenous peoples are ‘peoples’ with a right to self-government through ... More


The Constitutional State

Nick Barber

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This book provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory, and ... More


Legal Pluralism

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0009
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter advances a modest account of legal pluralism and its significance for states. It argues that a legal order can contain multiple rules of recognition that lead to the order containing ... More


Multicultural Interlegality? Negotiating Family Law in the Context of Muslim Legal Pluralism in the UK

Samia Bano

in Law and Anthropology: Current Legal Issues Volume 12

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.003.0016
Subject:
Law, Comparative Law

This chapter draws upon debates about the concepts of ‘interlegality’ and ‘multicultural interlegality’, to analyze the ways in which Muslim legal pluralism in matters of family law are negotiated ... More


Anthropological Perspectives on Legal Pluralism and Governance in a Transnational World

Anne Griffiths

in Law and Anthropology: Current Legal Issues Volume 12

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.003.0007
Subject:
Law, Comparative Law

This chapter presents case studies that illuminate how different actors make and maintain law in various settings that represent very diverse constellations of power. They explore the ways in which ... More


The Emergence of EU Contract Law: Exploring Europeanization

Lucinda Miller

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199606627
eISBN:
9780191731716
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606627.001.0001
Subject:
Law, EU Law

The emergence of a European contract law is one of the more significant legal developments in Europe today. The complexities that lie at its heart also make it one of the more fascinating areas of ... More


An inter-institutional account of non-state legality

KEITH CULVER and MICHAEL GIUDICE

in Legality's Borders: An Essay in General Jurisprudence

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.003.005
Subject:
Law, Philosophy of Law

Separation of legality from the state is what enables our view to better explain without distortion the various forms of non-state prima facie legality whose emergence is too pervasive to leave ... More


A Non-Essentialist Legal Pluralism

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0007
Subject:
Law, Philosophy of Law

This chapter builds upon the conventionalist approach to law to develop a non-essentialist version of legal pluralism. The analysis proceeds largely in relation to sociological dimensions of legal ... More


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