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'Liberal universality'is the dominant framework of human rights in the literature. This paradigm asserts that human rights norms must be interpreted by prioritizing individualism, secularism, and autonomy in all spheres of life. According to this perspective, religiously grounded and duty-oriented visions should not be part of human rights standards, and in some cases, they must be excluded from international debates. This situation is due to a lack of academic scrutiny of the difference between human rights as internationally recognized norms and human rights standards or interpretations as developed by international mechanisms through this paradigm. The case study of the current development of sexual and reproductive health and rights reveals key problems with this interpretative framework: its questionable neutrality, its reduced notion of viewpoint diversity, and its top-down approach that disregards people's real concerns. This book proposes to go back to basics by rediscovering the notion of'pluralistic universality'of the Universal Declaration of Human Rights of 1948, which welcomes interdependent and religiously grounded worldviews that are more compatible with non-Western cultures and some Western traditions. In this sense, the book encourages a redefinition of the universality of human rights in the light of the right to self-determination, as a tool to foster bottom-up approaches, intercultural dialogue, and global consensus for the development of universally acceptable human rights standards. In this way, these standards will enjoy greater legitimacy because they will reflect an international agreement that is responsive to local realities and one that accepts reasonable disagreement in controversial issues. The increasing number of voices questioning the legitimacy of the implementation of human rights will lead to a widespread loss of faith in the concept of human right itself. Reverting this tendency is an urgent task that reveals the gap between the norms ruling the monitoring bodies and their actual performance. In accepting this challenge, this book will be a necessary source of study for anyone concerned with the purpose and practice of human rights. —Pilar Zambrano, University of Navarra An original and fruitful approach to human rights, analyzing the ideology behind different interpretations, in particular the dogmatic Western liberal version. An excellent and important work. —Éric Wyler, Université Paris II Panthéon-Assas

This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism'and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carbon border adjustment measures) and countermeasures lead to further disruption of UN and WTO law?'This innovative book provides convincing analyses by leading practitioners and academics of multilevel governance of transnational public goods. It advocates the need for stronger involvement of civil society and democratic institutions. It shows why constitutionalism and constitutional economics offer appropriate methodologies for limiting market failures, government failures and constitutional failures. It thereby offers a glimpse of much needed optimism.'Karl-Ernst Brauner, former Deputy Director-General of the World Trade Organization (WTO)

This book examines the development and fundamental nature of legal pluralism. Legal pluralism evokes two distinctions: ‘state'vs ‘non-state'law; and ‘law'vs ‘non-law'. As such, although this book focuses upon circumstances in which two or more legal orders compete to govern the same social space, it also addresses the nature of law in general. Drawing on material conflicts arising within jurisdictions such as Australia, Burundi, Cameroon, Gambia, the United States, and Zambia, this book explores the conceptual, moral, and political challenges that legal pluralism creates. Emphasising that non-state law carries no less dignity than that often ascribed to the legal orders of contemporary states, it advances a theoretically sophisticated argument in favour of recognising and respecting genuine cases of legal pluralism, wherever they arise. Accessible and thought provoking, this book will appeal to legal scholars, anthropologists, sociologists, and political and social philosophers as well as practising lawyers, judges, and policymakers who deal with issues of legal pluralism.

This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism – defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism.As the book's non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences.

This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems. Chapters introduce a historical perspective to provide readers with the tools for deeper comparative legal research, while also discussing the various methods of comparative law and their usefulness in legal education and research. Roberto Scarciglia outlines a detailed methodological framework for the study of complex global issues, and explores the idea that collaboration between scholars and the growing trend towards interdisciplinarity are necessary to study complex legal problems and avoid superficial comparisons. Providing a well-rounded exploration and navigation of this important topic, this book will be an essential companion for both undergraduate and postgraduate law students. Legal scholars and practitioners will benefit from the nuanced discussion of research on different legal systems.

A compelling reexamination of how Britain used law to shape its empire For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years'War (1754–63) as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes. As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony's economic and political subordination. Britain's turn to legal pluralism thus reflected the victory of a new vision of empire—authoritarian, extractive, and tolerant—over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists'reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.

The world order is evolving toward polycentricity, producing its winners and losers, and driving up the global and regional demand for governance, security, justice, and ethics. The book offers a perspective of key Russian experts in international affairs on these transformations. On the global level it touches upon the issues of global governance, state transformation, phenomenology of globalization, international security, and international political economy. On the regional level it deals with issues of economic integration, energy security, сyber security, nuclear proliferation viewed from a perspective of Pacific Asia, East Asia, Latin America, Middle East, Post-Soviet Area.

We live in a pluralist world of multi-level law and governance. More than ever before multiple legal systems and governing authorities at different levels - sub-state, state, supranational, international - are recognized as applying to, and claiming authority over, the affairs of the same sets of individuals and institutions. Yet our constitutional theories fail to adequately capture this pluralist state of affairs. This book examines some of the key conceptual and theoretical puzzles which the contemporary state of multilevel pluralism poses for our constitutional theories. It offers fresh perspectives on these questions by addressing the pluralism of norms and authorities from the viewpoint of legality and legitimacy respectively, proposing novel solutions for pluralizing constitutional theory in the light of contemporary multilevel governance. Our turbulent times are on a steady trajectory of ever-more pluralism of law and governance to tackle the defining social and political problems of our age including populism, pandemic, and climate change and this book provides an essential intervention in debates on how to pluralize constitutional theory to better understand and, perhaps more importantly, legitimize the tools to address these increasingly shared problems.

After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.Offering a wide range of viewpoints from a diverse and inclusive group of authors, Diversity in International Arbitration is a comprehensive and insightful resource on a controversial, fast-moving subject. Chapters present arguments from practitioner, academic, institutional and governmental perspectives that identify the underlying issues and address the various ways in which the goal of diversity, whether demographic, legal, cultural, professional, linguistic, or philosophical, can be reached.This book's analysis of the contemporary state of diversity in international arbitration will be a crucial read for researchers in the field. Practitioners and policy makers will also find its discussion of best practices and innovative initiatives for enhancing diversity to be invaluable.

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.

This volume considers how, based on the examination of cases pertaining to transitional justice settings that resort to local interpretations of crimes against humanity jurisprudence, fragmentation of international law and circumscribed applications of universal jurisdiction are necessary aspects of the grand enterprise to overcome the impasse of the tainted legacy of international criminal law in the Global South. If we are to proceed with adjudication of the most egregious and heinous crimes involving state criminality without facing the charge of neo-colonialist plotting, then we must reckon with localised and domesticated interpretations of international criminal law, rather than pursuing strict forms of legislative dictation of international criminal law.

This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies.The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.

Sir Rabinder Singh has been one of the leading lights in the recent development of the common law, most notably in the field of human rights and the law of privacy. Here, for the first time, he reflects on the defining themes of his career as advocate and judge. Combining his trademark originality of thought and impeccable scholarship, he selects previously published and unpublished writings to track the evolution of his approach to the common law. A substantial introduction gives context to the book, while opening introductions to each piece reflect on their relevance to contemporary legal thought. The essays explore themes as diverse as judicial review, equality, and privacy and personal autonomy. Insightful, erudite, and thought-provoking, this collection is a must read for all those interested in the law and its role in society.

This book considers the “three Ps” of liberty: pragmatism, pluralism, and polycentricity. These concepts enrich the complex tradition of classical liberal jurisprudence, providing workable solutions based on the decentralization, diffusion, and dispersal of power.

Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.

The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today's practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.

Les textes rassemblés dans cet ouvrage bilingue sont issus de travaux réalisés dans le cadre du partenariat de recherche « État et cultures juridiques autochtones : un droit en quête de légitimité » dirigé par la Chaire de recherche du Canada sur la diversité juridique et les peuples autochtones. L'objectif de ce partenariat est de comparer et d'évaluer de manière intégrée – à partir d'études de cas menées dans différentes régions du monde – les pratiques de gestion des interactions entre les systèmes juridiques autochtones (ou coutumiers) et les systèmes étatiques. Les textes portent sur la rencontre de l'État avec les univers juridiques autochtones ou coutumiers en Afrique, au Canada, en Europe et dans le Pacifique Sud et chacune des trois parties du livre est consacrée, grosso modo, à un thème principal : le traitement des conflits, le territoire et la famille.

Este libro de la maestría en Estudios Interdisciplinarios del Desarrollo de la Universidad del Cauca proviene del seminario Tramas y mingas para el Buen vivir. Este espacio promovió los encuentros y diálogos de los problemas sociales y las potencialidades de las diferentes comunidades que habitan el sur-global. Desde los procesos y visiones de las comunidades y organizaciones sociales, esta compilación es fruto de una minga que aporta prácticas importantes para el fortalecimiento de la salud comunitaria, el cuidado del territorio, la construcción de otras educaciones, justicias, economías y estéticas de tal manera que es una contribución a la justicia cognitiva y al reconocimiento de la diversidad epistémica.

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws'result in difficulties in describing, identifying and analysing human rights in plural environments.This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

The Politics of Juridification offers a timely contribution to debates about how politics is being affected by the increasing relevance of judicial bodies to the daily administration of Western political communities. While most critical analyses portray juridification as a depoliticizing, de-democratizing transferral of political authority to the courts (whether national or international), this book centres on the workable ambivalence of such a far-reaching phenomenon. While juridification certainly intensifies the power and competences of judicial bodies to the disadvantage of representative political institutions, it cannot be easily reduced to the demise of democratic politics. By focusing on the multiple ways in which social agents make use of the law, The Politics of Juridification teases out the agential and transformative aspects of the various negotiations social agents engage with legal institutions with a view to obtaining political visibility. In particular, the book homes in on two seemingly distinct phenomena: on one hand, the regulation of sexuality and emerging kinship formations; on the other, the fragmentation of legal settings due to the claims to legal autonomy advanced by sub-state cultural and religious groups. By doing so, the book makes the case for an unexpected convergence between the struggles for legal recognition of sexual minorities and religious and cultural minorities. The conclusion is that juridification does entail normalization and favour the infiltration of law into the social realm. But because of its ambivalent nature, it can and does serve as an alternative vehicle for social change – one that attaches more importance to how social agents produce law on a daily basis and how this law permeates official legal orders.

This book asserts that the Pacific Islands continue to struggle with the colonial legacy of plural legal systems, comprising laws and legal institutions from both the common law and the customary legal system. It also investigates the extent to which customary principles and values are accommodated in legislation. Focusing on Samoa, the author argues that South Pacific countries continue to adopt a Western approach to law reform without considering legal pluralism, which often results in laws which are unsuitable and irrelevant to Samoa. In the context of this system of law making, effective law reform in Samoa can only be achieved where the law reform process recognises the legitimacy of the two primary legal systems. The book goes on to present a law reform process that is more relevant and suitable for law making in the Pacific Islands or any post-colonial societies.

Should people with deeply held objections to certain practices be allowed to opt out of involvement with them? Should a Christian baker who objects to homosexuality be allowed to deny service to a customer seeking a cake for a gay wedding? Should a Catholic nurse be able to refuse to contribute to the provision of abortions without losing her job? The law increasingly answers no to such questions. But David Oderberg argues that this is a mistake. He contends that in such cases, opting out should be understood as part of a right of dissociation – and that this right needs better legal protection than it now enjoys.

Esta obra se propone analizar la crisis y el agotamiento que vive el modelo clásico occidental de Derecho positivo, producido por las fuentes estatales y fundado sobre las directrices liberal-individualistas. La insuficiencia de ese paradigma jurídico basado en el principio de legalidad establecida por el estado, que sirvió para reglamentar y legitimar los intereses de la tradición cultural burguesa y capitalista, favorece un proceso de ruptura que puede encaminar hacia la conformación de un proyecto diferenciado, que se asienta en una serie de presupuestos que parten de las condiciones históricas, económicas, conflictivas, de luchas sociales y prácticas insurgentes.La condición para implementar un paradigma de normatividad alternativa implica la construcción de un pluralismo que se revele abierto, participativo y democrático. Asimismo, desde él se debe absorber y transformar las carencias y las necesidades de múltiples sociabilidades por medio del reconocimiento y la institucionalización de nuevos'derechos. Este pluralismo transformador, al distanciarse de los rumbos de las antiguas formulaciones y no estar ya más vinculado con la representación individualista o estatalista del mundo social, se construye teniendo en cuenta los espacios insurgentes, comunitarios y autonómicos.Teniendo en cuenta el actual contexto de la globalización capitalista y el impacto del neoliberalismo, por la importancia y la profundidad del tema, esta obra pretende dirigirse a un amplio público, no sólo del mundo académico, sino también llamando la atención, principalmente, de estudiantes, profesores, sociólogos, politólogos, antropólogos, activistas sociales, movimientos instituyentes y a todos los operadores jurídicos en general.'

This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.

This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person's freedom to renounce what others view as his or her fundamental ‘human rights'? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual's acts. Second, in a society characterized by ‘weak pluralism', the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called ‘guardian function'of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Cet ouvrage propose une approche et une analyse scientifiques et statistiques du pluralisme juridique. Défini en tant que coexistence de sources étatiques et non étatiques de règles de droit, le pluralisme juridique appelle à la fois une réponse théorique et empirique. Ce livre procède à une enquête de terrain et de pose les jalons de ce travail scientifique visant à évaluer l'effectivité du pluralisme juridique en n'ayant d'égards que pour les seuls faits normatifs.

The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: how precisely is it to be undertaken? Is it called for by developments in legal practice or are these adequately addressed by current legal theory? What normative challenges are raised, and what fresh promises might the pluralist turn hold? What distinctive insights can it offer for theorising about law? This book presents a rich variety of resources drawn from a number of theoretical approaches and demonstrates how they might be brought together to generate an increasingly important pluralist jurisprudence.

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.

The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith.Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.

Kulturelle Vielfalt zeichnet pluralistische Gesellschaften genauso aus wie unterschiedliche Lebensstile, sexuelle Orientierungen und Weltanschauungen. Auseinandersetzungen werden heute vor allem über Kopftücher, Heiratsalter und Karikaturen geführt, um Inklusion und Exklusion zu rechtfertigen. Dieser Band stellt jüngere Befunde zu Normenkonflikten in pluralistischen Gesellschaften vor und analysiert, wie neue Formen der Integration von Differenzen vorangetrieben werden können.

Au XIXe siècle le droit a changé d'ère passant du droit moderne au droit postmoderne. Sa principale caractéristique résiderait dans le développement d'une forme de concurrence juridique entre puissances publiques et puissances privées. La révolution copernicienne de la pensée juridique serait ainsi la rupture du lien consubstantiel entre droit et État que la modernité avait noué. La société civile serait désormais au cœur du jeu juridique. Ce livre propose quelques pistes et une grille de lecture afin de comprendre le nouveau droit que la globalisation modèle.