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This study examines Israeli judges’ incorporation of the Arabic language and Islamic religious sources in court rulings within Israel and the West Bank military courts. Analysing seventy-eight judicial decisions (1997–2024) and interviews with legal professionals, we identify six themes motivating this practice: persuasion, authority reinforcement, cultural bridging, mutual respect, substantiation and alternative reasoning. Both Arab and Jewish judges employ this approach across criminal, family and civil law cases. This linguistic and cultural integration enhances court decision legitimacy among Arabic-speaking litigants and fosters intercultural understanding within the legal system. The study contributes to discussions on legal pluralism, judicial behaviour and the role of language in multicultural judicial systems, illuminating how the Israeli legal system navigates its multicultural reality and the interplay between law, language and cultural identity.
This article examines interactions facilitated by legal pluralism in contemporary urban India. Employing a framework of semi-autonomous social fields, I focus on use rights exercised over “Waqf” properties and the role social fields so generated play in facilitating access to property rights for groups without social and economic capital. Viewing property through a relational lens and relying on the method of examining “trouble” disputes, I discuss two long-term disputes in a Sufi shrine of an urban village called Mehrauli, Delhi. I will advance two main arguments in the article. First, the operation of formal and informal legal orders forms a generative ground making access to resources more equitable. Second, formal and informal legal orders interact to form a dialectical relationship, such that it becomes difficult to tell which of the two is superior.
My introduction considers the rhetorical mechanics of Roman legal writing, and isolates three distinct discursive modes in which legal writing represents the world: the normative, the descriptive, and the constructive. I then discuss the ideological valence of law in the Roman imagination, with reference to Cicero’s description of the ideal magistrate as a “talking law.” I finally provide a plan of the work.
Beginning with the opening-up reforms of Deng Xiaoping, the Chinese government has treated law as a central tool for regulating the economy and guiding institutional transformation. Over the decades, since 1949, China’s path to modernization has been marked by profound, experimental transformations that selectively combined foreign expertise with Chinese foundations. A key feature of this process has been China’s strategic adoption and adaptation of legal transplants. While initially a recipient of foreign legal models, China is now increasingly exporting its own approaches through the Belt and Road Initiative (BRI). This article examines how China’s engagement in shaping the legal and regulatory frameworks of host countries under the BRI differs from traditional models of legal transplants. Rather than imposing, China draws on its historical experience to adopt a pragmatic, adaptive strategy defined by three core characteristics: the combination of Chinese and Western practices; an emphasis on voluntariness tempered by asymmetrical power relations; and a prioritization of policy objectives over autonomous legal principles. While this strategy raises concerns about legal fragmentation and institutional coherence, it also fosters a space for legal pluralism, offering an alternative to the homogenization typically associated with Global North legal transplants.
This chapter shows how British sovereignty in Hong Kong was built on inchoate ideas of extradition: half-formed ideas of whether and how the colony would surrender Chinese criminals to China under the contested treaties that ended the Opium War. In 1841–44, these ideas were entangled with unstable ideas of jurisdiction, as British officials struggled to fit the conquered Chinese population of Hong Kong within recognised categories of British subjecthood. Events on the ground then short-circuited efforts to resolve this problem. In The Queen v. Lo A-tow (1843), Governor Henry Pottinger conflated his power to refuse Chinese requests for fugitives for lack of evidence (which China did not dispute) with the power of British courts to try Chinese subjects and sentence them to punishment (which China did dispute). Pottinger’s interpretation of Lo A-tow established a tenuous precedent for territorial sovereignty in a turn of events that would have far-reaching consequences.
Jiří Přibáň’s work deals with constitutional imaginaries, starting from the concept of social imaginaries as entities describing functionally differentiated modern society as one polity. Přibáň’s conception perceives constitutional imaginaries in terms of social systems, representing a socio-legal paradox, since constitutional imaginaries express both the constitution of social unity and its pluralism of values. The aim of this contribution is to explore the link between Přibáň’s work and some aspects of Luhmann and Teubner’s contributions to the theory of social systems. By highlighting these features, the Author tries to argue that contemporary imaginaries can work as constitutional forces that drive contemporary legal pluralistic regimes, including the European one, to the societal unity by warranting a systemic difference.
This title examines the concept of normative pluralism in international human rights law, focusing on the coexistence and interaction of multiple legal systems and norms within the global human rights framework. It explores the treaty-based structure of human rights norms, including various international and regional human rights treaties, and discusses the role of customary international law, general principles of law, and jus cogens in shaping human rights obligations. The section also addresses the impact of nonconventional sources of human rights law, such as judicial decisions and soft law instruments, on the development and enforcement of human rights standards. By analyzing the complexities of normative pluralism, this title highlights the dynamic and evolving nature of international human rights law and the challenges in achieving coherence and consistency across different legal systems and cultures. It also emphasizes the importance of dialogue and cooperation among international, regional, and national actors in promoting and protecting human rights globally.
The Journal of Law and Religion began publishing as part of the larger revival and reimagination of the academic encounter with religion. More specifically, it sought from the start to examine an entire panoply of issues: secular law regarding religion, religious views of secular law and the state, political philosophy, political theology, religious law, and legal and religious pluralism as overarching ideas. What was at stake to the journal’s founders was not just intellectual curiosity but their conviction that this kaleidoscope of concerns was essential to reconstituting a healthy polity, to play a role in responding to a crisis of values that afflicted both religion and the secular state. The journal has also sought to consider questions across the full range of world religions, including non-Western religions. Again, this is not expanding the canon for its own sake. The larger story of legal systems and religions in all their specificity and complex interactions, as revealed by rigorous and imaginative analysis, could ideally help establish a counter-narrative to the simple pieties of modernity. The challenges today, especially our current state of political polarization, which envelops religion in its wake, are different, but they demand the same careful, expansive, scholarly agenda.
The United Nations (UN) has operated a longstanding peacekeeping mission in the Democratic Republic of the Congo (DRC), while simultaneously contributing to rule-of-law building and transitional justice processes. Sexual violence is widespread in the DRC including routine allegations against UN peacekeepers. The operation of numerous legal systems and judicial mechanisms in the DRC produces a legally plural environment that is difficult for survivors of sexual and gender-based violence to navigate, and this is especially true for survivors of peacekeeper-perpetrated sexual exploitation and abuse (SEA). In this paper, we explore justice-seeking among SEA survivors in the DRC and the challenges imposed by the complicated jurisdictions and layered legalities pertaining to SEA. Moreover, we argue that, beyond barriers to justice, we see a recession of justice for SEA produced by the United Nations and member states positioning SEA as distinct from other forms of gender-based harms and exacerbated through the legal navigational challenges faced by survivors.
Mounting climate-related floods, fires, droughts and storms across the globe raise crucial questions about the role of law in adjudicating rights and obligations. While climate litigation attracts scholarly attention, vulnerable populations often lack the means to use formal laws and courts. We draw on ethnographic interviews conducted in 2022 in the city of Cartagena, Colombia, to study how residents of informal settlements exposed to flooding resist exclusionary climate adaptation laws. The findings show how formal law has exacerbated differential climate vulnerability, and resulted in “seawalls for the rich, relocation (and stalled adaptation) for the poor.” In this context, residents claim land in risk-zones through a local rule system known as “the law of the four poles.” We argue that by challenging the legality of the state, and creating a rival legal order that better represents locally identified interests and entitlements, they are claiming a political voice in climate adaptation. We advance theory in both climate adaptation and sociology of law and discuss how the law can better reflect not only the science behind climate change but also the interest and needs of marginalized communities.
As societies grapple with mitigating or adapting to climate change, law plays a prominent role in the social relations that constitute a response. In this essay, we briefly review of the many different perspectives on law and climate change offered by the authors in this special issue of Law and Society Review. From transnational human rights activism to constitutional litigation to local practices and all around the globe, both the powerful and the marginalized draw on legal institutions and actors in multiple arenas and at multiple scales to address the consequences of climate change. Together, these articles show that law is not confined to courtrooms or judicial systems or regulations; rather, law offers both limitations and opportunities in the ongoing struggle over climate change.
This chapter analyses household and community mediations of violence in Sierra Leone, which emphasise social relationships over harmony. These non-state dispute resolutions consider overall character rather than specific actions, with (character) witnesses playing vital roles and blame being shared amongst disputing parties. Informal mediations prioritise maintaining social groups over individual or relationship harmony. Grievances are deemed inevitable but must be contained within individuals through rituals like ‘swallowing’ to prevent wider community disruptions. Proximity, gender, and kinship dynamics influence case-dependent assessment, often leading to harsher punishment for women despite their prominence in mediation. The chapter challenges the notion of harmony ideology and emphasises the difficulty of forgiveness. Swallowing grievances aims to preserve relationships and contain conflicts while minimising state interference. Sierra Leoneans must choose between informal and state mediations. Institutions in this legal pluralism highlight different aspects – fact vs context, acts vs character, preservation vs rupture – resulting in different outcomes.
The final chapter brings us back to the contemporary political dilemmas we face today and discusses how the recovery of premodern conceptions of the nation helps us think through the challenge of national pluralism and resurging nationalist sentiment. It encourages openness to some virtues of empire as a multinational form of politics, considers the merits of a pluralistic political order, and suggests new avenues for cultivating democratic solidarity in diverse polities. In particular, the chapter engages with liberal multiculturalist arguments to illustrate the advantages of medieval approaches to national diversity. In place of self-government rights, the book suggests legal pluralism and policies of recognitions as more fruitful arrangements for multinational polities. Moreover, the chapter applies the insights of the study to the European Union and the United States, respectively. It concludes by responding to a number of liberal nationalist concerns, especially the need for pre-political partnership to undergird democratic politics.
Chapter 3 begins the conceptual history of the nation where our current vocabulary originates, in classical Greece and Rome. It examines the conception of cultural-linguistic communities in the context of the two principal alternatives to the nation-state – city-state and empire. The chapter moves from Greek conceptions of ethnicity as depicted in Herodotus’ Histories to Cicero’s reflections on the relationship between national and political communities in the Roman Empire and concludes with an examination of the idea of the nation in the Vulgate, the late fourth-century translation of the Bible. The analysis shows that ethnos, gens, and natio referred to communities defined by descent, language, and geographical homeland but were not understood in a political sense. Moreover, Roman thinkers were not only acutely aware of the twofold loyalties to nation and polity; they also sought practical arrangements for accommodating diverse national groups within a single political order. The chapter discusses Roman ideas on citizenship, administrative subsidiarity, and legal pluralism.
This paper considers the utilisation, appropriation, and renegotiation of colonial knowledge in the form of land and population registers by local litigants in eighteenth-century Dutch colonial Sri Lanka. Using a database compiled from thirty-three civil court cases held before the Landraad rural council of Colombo, I highlight how Lankan litigants frequently used the colonial thombo registers as evidence to have their property recognised. Moreover, I show that these registers were not just utilised but also altered through this process, particularly through the promotion of alternative knowledge in the form of local witness testimonies and ola palm leaf documents during court cases. I subsequently argue that we should reconsider how we view colonial knowledge. Rather than a static, top-down view from a foreign bureaucracy on a colonised society, this knowledge could be appropriated and even altered through the acts of local agents, in turn changing what was known by the colonial state and thus creating a “looping effect” of knowledge production.
Chapter 1 introduces students to the various approaches used to pursue comparative legal studies. It especially presents the orthodox “legal families“ approach to macro-comparative law. The chapter then considers several critiques of that tradition. H. Patrick Glenn challenges the concept of “legal families“ and suggests a “legal traditions” framework to replace it. The chapter then presents the social-contextual approach to comparative law as promoted by Legrand. Finally, the chapter urges students to recognize the ethical implications of comparative law through Frankenberg’s concepts of “distancing” and “differencing.”
Chapter 13 is a closing epilogue that summarizes the book’s thesis, namely, that the German legal system is the site of encounters amongst a variety of legal traditions. To animate and illustrate that argument a final time, an article discussing the Common Law and Civil Law characteristics of German constitutional law is presented for discussion.
Chapter 3 challenges the tradition in comparative legal studies, which treats Germany exclusively as a representative of the Civil Law family. Through excerpts of leading German legal theorists of the twentieth century, the chapter demonstrates that there has always been resistance to the Civil Law orthodoxy in the German legal culture. This includes a survey of the Free Law Movement (Kantorowicz), the Pure Theory of Law (Kelsen), and the Radbruch Formula (Radbruch). The chapter concludes with a discussion of the Federal Constitutional Court’s Lüth Case, in which the Court announced the Basic Law’s “objective order of values.”
This chapter recapitulates the dual institutional framework and the empirical findings of this book. It then discusses how the findings contribute to ongoing policy and theoretical debates.
Comparing ancient societies allows us to observe the variety of relationships that prevailed between states — in different forms and at different scales — and their complex legal environments. This chapter explores five dimensions of this relationship. First, we examine the capacity of law to shape state power. While constitutional law, strictly speaking, was comparatively rare in the ancient world, we can yet observe various ways in which law, law-like practices and other cultural norms operated collectively to both empower and constrain the state. The second and third parts of the chapter look at the inverse relationship: state power over law and legal practice in the form of legislative powers and jurisdiction, respectively. In the fourth part, we turn from ideational aspects of state law to the structure of state legal systems themselves, particularly in the context of private or non-state legal practices. Here we focus on those domains of law in which the state was most intimately engaged, what was left to non-state actors and the engagements between both across a sometimes indistinct boundary. The final part of the chapter explores the role of law in legitimizing state power.