Human Rights Encounter Legal Pluralism
Normative and Empirical Approaches
Published on 18. May 2017
Book
Hardback
272 pages
978-1-84946-761-2 (ISBN)
Description
This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.
Reviews / Votes
This slim volume ... is packed with rich detail that contributes to a deep theoretical engagement with both the legal pluralism and human rights literatures. The papers collectively and individually push the theoretical envelope through which we conceptualize legal pluralism, and better understand its intersections with human rights. -- Melanie G. Wiber, Department of Anthropology, University of New Brunswick * The Journal of Legal Pluralism and Unofficial Law *More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Product notice
Hardback (stationery)
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 19 mm
Weight
567 gr
ISBN-13
978-1-84946-761-2 (9781849467612)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Giselle Corradi | Eva Brems | Mark Goodale
Human Rights Encounter Legal Pluralism
Normative and Empirical Approaches
Book
09/2019
Hart Publishing
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Giselle Corradi | Eva Brems | Mark Goodale
Human Rights Encounter Legal Pluralism
Normative and Empirical Approaches
E-Book
05/2017
1st Edition
Hart Publishing
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Persons
Giselle Corradi is a post-doctoral research fellow at the Human Rights Centre at the Law Faculty of Ghent University.
Eva Brems is Professor of Human Rights Law at Ghent University.
Mark Goodale is Professor of Cultural and Social Anthropology at the University of Lausanne.
Eva Brems is Professor of Human Rights Law at Ghent University.
Mark Goodale is Professor of Cultural and Social Anthropology at the University of Lausanne.
Content
INTRODUCTION
1. Human Rights and Legal Pluralism: Four Research Agendas
Giselle Corradi
PART ONE: NORMATIVE APPROACHES
2. Legal Pluralism as a Human Right and/or as a Human Rights Violation
Eva Brems
3. Legal Pluralism and International Human Rights Law: A Multifaceted Relationship
Ellen Desmet
4. Human Rights, Cultural Diversity and Legal Pluralism from an Indigenous Perspective: The Awas Tingni Case
Felipe Gomez Isa
5. Taking the Challenge of Legal Pluralism for Human Rights Seriously
Andre Hoekema
6. Indigenous Justice and the Right to a Fair Trial
Giselle Corradi
PART TWO: EMPIRICAL APPROACHES
7. Gender, Human Rights and Legal Pluralities in Southern Africa: A Matter of Context and Power
Anne Hellum and Rosalie Katsande
8. Women's Rights and Transnational Aid Programmes in Niger: The Conundrums and Possibilities of Neoliberalism and Legal Pluralism
Kari B Henquinet
9. Legal Borderlands: Ghanaian Human Rights Advocacy between the Layers of Law
Catherine Buerger
10. Insiders' Perspectives on Muslim Divorce in Belgium: A Women's Rights Analysis
Kim Lecoyer
11. Through the Looking Glass of Diversity: The Right to Family Life from the Perspectives of Transnational
Families in Belgium
Barbara Truffi n and Olivier Struelens
1. Human Rights and Legal Pluralism: Four Research Agendas
Giselle Corradi
PART ONE: NORMATIVE APPROACHES
2. Legal Pluralism as a Human Right and/or as a Human Rights Violation
Eva Brems
3. Legal Pluralism and International Human Rights Law: A Multifaceted Relationship
Ellen Desmet
4. Human Rights, Cultural Diversity and Legal Pluralism from an Indigenous Perspective: The Awas Tingni Case
Felipe Gomez Isa
5. Taking the Challenge of Legal Pluralism for Human Rights Seriously
Andre Hoekema
6. Indigenous Justice and the Right to a Fair Trial
Giselle Corradi
PART TWO: EMPIRICAL APPROACHES
7. Gender, Human Rights and Legal Pluralities in Southern Africa: A Matter of Context and Power
Anne Hellum and Rosalie Katsande
8. Women's Rights and Transnational Aid Programmes in Niger: The Conundrums and Possibilities of Neoliberalism and Legal Pluralism
Kari B Henquinet
9. Legal Borderlands: Ghanaian Human Rights Advocacy between the Layers of Law
Catherine Buerger
10. Insiders' Perspectives on Muslim Divorce in Belgium: A Women's Rights Analysis
Kim Lecoyer
11. Through the Looking Glass of Diversity: The Right to Family Life from the Perspectives of Transnational
Families in Belgium
Barbara Truffi n and Olivier Struelens