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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


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


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


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


Europeanization and Diversity

Lucinda Miller

in The Emergence of EU Contract Law: Exploring Europeanization

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199606627
eISBN:
9780191731716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606627.003.0006
Subject:
Law, EU Law

This chapter contends that diversity should be welcomed rather than disdained within the contract law frame, not simply because it is politically expedient to do so but because diversity is seen to ... More


Incorporating Indigenous Law

Jacob T. Levy

in The Multiculturalism of Fear

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297123
eISBN:
9780191599767
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297122.003.0007
Subject:
Political Science, Political Theory

Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally ... More


Constitutional 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/9780199585014.003.0010
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The previous chapter argued that it was possible for a form of legal pluralism to arise within a legal order and, furthermore, that this was, or may become, a characteristic of a number of the legal ... More


The Conundrums of Globalization and Legal Pluralism

Guillermo O'Donnell

in Democracy, Agency, and the State: Theory with Comparative Intent

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199587612
eISBN:
9780191723384
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199587612.003.0011
Subject:
Political Science, Comparative Politics, Democratization

This chapter begins with a personal anecdote that has sustained the author's scepticism about narrowly individualistic or excessively culturalist conceptions of democracy, as well as of the view of a ... More


Legal Pluralism and Empires, 1500-1850

Richard J. Ross

Lauren Benton (ed.)

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814771167
eISBN:
9780814708316
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814771167.001.0001
Subject:
History, Imperialism and Colonialism

This book advances our understanding of law and empire in the early modern world. It exposes new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. ... More


Empires and Legal Pluralism: Jurisdiction, Sovereignty, and Political Imagination in the Early Modern World

Lauren Benton and Richard J. Ross

in Legal Pluralism and Empires, 1500-1850

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814771167
eISBN:
9780814708316
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814771167.003.0001
Subject:
History, Imperialism and Colonialism

This book explores the changing structures and processes of legal pluralism as well as the many different ways of imagining and describing legal pluralism in empires. It considers the complex and ... More


The Emergence of the International Community and the Divide Between International and Domestic Law

Andreas L Paulus

in New Perspectives on the Divide Between National and International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.003.0010
Subject:
Law, Public International Law

This chapter explores the extent to which modern recognition of an ‘ international community’ influences the relationship between international and national law. It shows that domestic courts do not ... More


Extended Legal Pluralism: Informal Legal Orders

D. J. GALLIGAN

in Law in Modern Society

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199291830
eISBN:
9780191700675
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291830.003.0011
Subject:
Law, Philosophy of Law

Because there is a need to study further how legal orders are able to run simultaneously parallel, intersect, and compete with each other, the recognition of such aspects of legal pluralism and ... More


Harmonic Law: The Case Against Pluralism *

George Letsas

in Philosophical Foundations of European Union Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199588770
eISBN:
9780191741029
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588770.003.0004
Subject:
Law, EU Law, Philosophy of Law

This chapter contends that the problem of normative conflicts is not a genuine one and that this teaches us a great deal about European law, and fundamental rights in Europe. In particular, it ... More


Juridical Pluralism and the Risk of Constitutional Conflict

Neil MacCormick

in Questioning Sovereignty: Law, State, and Nation in the European Commonwealth

Published in print:
1999
Published Online:
January 2010
ISBN:
9780198268765
eISBN:
9780191713118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268765.003.0007
Subject:
Law, EU Law

The interlocking of legal systems in various countries, with mutual recognition of each other's validity, but with different grounds for that recognition, has profound and potentially dangerous ... More


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