legal studies p.t 2 Flashcards
what are the two meanings of legal pluralisim
- Judicial legal pluralism refers to the recognition by state law of the customary law of a particular groups. (refers to as “legal political” conception of legal pluralism)
- Empirical legal pluralism refers to the situation in which the behaviour of an actor is in fact subject to more than one set of rules
first wave of legal pluralism
- Refers to legal pluralism research on colonial and postcolonial societies
- Pathbreaking studies have examined the transporting of European legal systems to colonized territories and the plural and multilayered normative systems that resulted
- Early twentieth century studies examined indigenous laws among tribal and village people in colonized societies in Africa, Asia and the pacific
- Largely for administrative convenience, the modern conception of judicial legal pluralism as a form of governance was born
They gradually realized that colonized peoples had both indigenous law and European law
second wave of mega pluralism
Legal pluralism has expanded from a concept that refers to the relations between colonized and colonizer to relations between dominant groups and subordinate groups, such as religious, ethnic, or cultural minorities, immigrant groups, and unofficial forms of ordering located in social networks or institutions.
- The new legal pluralism sees plural forms of ordering as participating in the same social field.
- To recognize legal pluralism at home requires the rejection of legal centralism.
- It focuses mostly on the following two fields: (1) the diverse laws of subordinate groups in industrialized societies; (2) unofficial forms of ordering located in social networks or institutions.
third wave of legal pluralism
It refers to the “movement, diffusion, and expansion of trade, culture, and consumption from a local level and with local implications, to levels and implications that are worldwide, or more usually, that transcend national borders in some way.”
