Legal pluralism involves the coexistence of multiple forms of law.
This involves state law, international law, transnational law,
customary law, religious law, indigenous law, and the law of
distinct ethnic or cultural communities. Legal pluralism is a
subject of discussion today in legal anthropology, legal sociology,
legal history, postcolonial legal studies, women's rights and human
rights, comparative law, international law, transnational law,
European Union law, jurisprudence, and law and development
scholarship. A great deal of confusion and theoretical disagreement
surrounds discussions of legal pluralism-which this book aims to
clarify and help resolve. Drawing on historical and contemporary
studies-including the Medieval period, the Ottoman Empire,
postcolonial societies, Native peoples, Jewish and Islamic law,
Western state legal systems, transnational law, as well as
others-it shows that the dominant image of the state with a unified
legal system exercising a monopoly over law is, and has always
been, false and misleading. State legal systems are internally
pluralistic in various ways and multiple manifestations of law
coexist in every society. This book explains the underlying reasons
for and sources of legal pluralism, identifies its various
consequences, uncovers its conceptual and normative implications,
and resolves current theoretical disputes in ways that are useful
for social scientists, theorists, jurists, and law and development
scholars and practitioners.
General
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