Legal Pluralism Explained: History, Theory, Consequences

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Cover Legal Pluralism Explained Copyright Dedication Table of Contents Preface and Acknowledgments Introduction: Three Themes Monistic State Law Abstract Legal Pluralism versus Folk Legal Pluralism Community Law, Regime Law, Cross-​Polity Law A Snapshot of Legal Pluralism 1. Legal Pluralism in Historical Context How Empires Create Legal Pluralism Personal (Community) Law During and After the Roman Empire Legal Pluralism of the High Middle Ages Crystallization of the Law State Millets in the Ottoman Empire Capitulations and Extraterritoriality Across the World Manifold Legal Pluralism in the Ottoman Empire The British East India Company Law State Uses and Abuses of the Monist Law State Image 2. Postcolonial Legal Pluralism Colonial Indirect Rule The Transformation-​Invention of Customary Law Socially Embedded Informal Village Tribunals Enhancing Power of Traditional Elites Uncertainty and Conflict Over Land Customary and Religious Law Clash with Human Rights Recent Turn to Non-​State Law by Development Agencies Social, Cultural, Economic, Political, and Legal Pluralism The Rule of Law and Legal Pluralism 3. Legal Pluralism in the West Romani Law Native Law in New Zealand, Canada, Australia, and the United States Rabbinical Courts and Sharia Tribunals Community Law and Territorial State Law 4. National to Transnational Legal Pluralism Legal Pluralism in the United States Legal System Legal Pluralism in European Legal Systems Constitutional Pluralism of the European Union The Continuity of Legal Pluralism in US and EU Law Abstract Legal Pluralism of MacCormick Global/​Transnational Legal Pluralism Doubts about “Global Legal Pluralism” Global Legal Pluralism of Teubner and Santos Theoretical Mapping The Value of “Global Legal Pluralism” 5. Abstract versus Folk Legal Pluralism Discarding Strong versus Weak Legal Pluralism Differences between Abstract and Folk Legal Pluralism Ehrlich’s “Living Law” Law of Social Associations Repudiation by Moore and Griffiths Institutionalized Norm Enforcement Over-​ and Under-​Inclusiveness of Functional Analysis Postmodern Legal Pluralism Folk Law in Social-​Historical Terms Tied to Social Complexity Conclusion: Legal Pluralism Explained Index