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Previous efforts at legal development have focused almost
exclusively on state legal systems, many of which have shown little
improvement over time. Recently, organizations engaged in legal
development activities have begun to pay greater attention to the
implications of local, informal, indigenous, religious and village
courts or tribunals, which often are more efficacious than state
legal institutions, especially in rural communities. Legal
pluralism is the term applied to these situations because these
institutions exist alongside official state legal systems, usually
in a complex or uncertain relationship. Although academics,
especially legal anthropologists and sociologists, have discussed
legal pluralism for decades, their work has not been consulted in
the development context. This book brings together, in a single
volume, contributions from academics and practitioners to explore
the implications of legal pluralism for legal development.
Previous efforts at legal development have focused almost
exclusively on state legal systems, many of which have shown little
improvement over time. Recently, organizations engaged in legal
development activities have begun to pay greater attention to the
implications of local, informal, indigenous, religious, and village
courts or tribunals, which often are more efficacious than state
legal institutions, especially in rural communities. Legal
pluralism is the term applied to these situations because these
institutions exist alongside official state legal systems, usually
in a complex or uncertain relationship. Although academics,
especially legal anthropologists and sociologists, have discussed
legal pluralism for decades, their work has not been consulted in
the development context. Similarly, academics have failed to
benefit from the insights of development practitioners. This book
brings together, in a single volume, contributions from academics
and practitioners to explore the implications of legal pluralism
for legal development. All of the practitioners have extensive
experience in development projects, the academics come from a
variety of backgrounds, and most have written extensively on legal
pluralism and on development.
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