Navigating Legal Pluralism: A Socio-Anthropological Analysis of Governance and Law in Multicultural Societies
DOI:
https://doi.org/10.61963/jkt.v1i2.35Keywords:
Legal Pluralism, Multicultural Societies, GovernanceAbstract
This study examines the socio-anthropological consequences of legal pluralism for governance and law in multicultural countries. The study explores the coexistence of many legal systems, including formal state law, religious law, customary law, and community-based norms. It draws on anthropological research, interviews, and document analysis. The findings illustrate the difficulties and possibilities various legal systems bring by revealing intricate connections and tensions between them. The fundamental tactics used by people and communities to handle legal plurality are negotiation and adaptation. The study emphasizes how crucial it is to create inclusive governance frameworks that respect various legal systems and advance social justice. Critical areas of concern include expanding access to justice and resolving inequities among disadvantaged populations within the judicial system. The research contributes to our understanding of legal pluralism, offering insights for policymakers, legal practitioners, and stakeholders working in multicultural contexts.
References
Benda-Beckmann, K. V., & Turner, B. (2018). Legal pluralism, social theory, and the state. The Journal of Legal Pluralism and Unofficial Law, 50(3), 255-274. https://doi.org/10.1080/07329113.2018.1532674
Charpleix, L. (2018). The Whanganui River as Te Awa Tupua: Place?based law in a legally pluralistic society. The Geographical Journal, 184(1), 19-30. https://doi.org/10.1111/geoj.12238
Ezzy, D., Bouma, G., Barton, G., Halafoff, A., Banham, R., Jackson, R., & Beaman, L. (2020). Religious diversity in Australia: Rethinking social cohesion. Religions, 11(2), 92. https://doi.org/10.3390/rel11020092
Fitzpatrick, S., Osborn, D., & Mitchell, C. (2020). Legal Pluralism: A Framework for Understanding and Addressing Conflicts between Legal Systems. Law and Social Inquiry, 45(3), 731-760. https://doi.org/10.1017/lsi.2020.17
McKerracher, K. (2023). Relational legal pluralism and Indigenous legal orders in Canada. Global Constitutionalism, 12(1), 133-153. https://doi.org/10.1017/S2045381722000193
St?pniewska, M., Zwierzchowska, I., & Mizgajski, A. (2018). Capability of the Polish legal system to introduce the ecosystem services approach into environmental management. Ecosystem services, 29, 271-281. https://doi.org/10.1016/j.ecoser.2017.02.025
Szablowski, D. (2019). “Legal enclosure” and resource extraction: Territorial transformation through the enclosure of local and indigenous law. The Extractive Industries and Society, 6(3), 722-732. https://doi.org/10.1016/j.exis.2018.12.005
Van der Auweraert, P. (2018). Legal pluralism and the challenge of governance in the plural societies of the 21st century. Hague Journal on the Rule of Law, 10(1), 9-40. https://doi.org/10.1007/s40803-018-0070-9
Porter, A. (2018). Non-state policing, legal pluralism and the mundane governance of" crime". TheSYDNEY LAW REVIEW, 40(4), 445-467.
Lazarev, E. (2019). Laws in conflict: legacies of war, gender, and legal pluralism in chechnya. World Politics, 71(4), 667-709. https://doi.org/10.1017/S0043887119000133
Goodwin, L., & Maru, V. (2017). What do we know about legal empowerment? Mapping the evidence. Hague Journal on the Rule of Law, 9(1), 157-194. https://doi.org/10.1007/s40803-016-0047-5
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