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Human Rights Encounter Legal Pluralism : Normative and Empirical Approaches (Hardcover)

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Human rights law specialists and anthropologists from Europe, the US, and Africa provide 11 essays on how human rights law and practice acquire meaning in relation to legal pluralism, or the co-existence of more than one legal order (such as the state, religion, or customs), in a field of social relations, and the influence on interactions that are subject to regulation by more than one normative regime. They consider how the legal and social dimensions of legal pluralism relate to the legal and social life of human rights, focusing on four levels of analysis: normative legal pluralism and human rights law, human rights law and empirical legal pluralism, empirical legal pluralism and human rights practice, and human rights practice and normative legal pluralism. They discuss the inconsistent treatment of legal pluralism by human rights law; the relationship between international human rights law and legal pluralism; the Awas Tingni case brought by indigenous peoples before the Inter-America Court of Human Rights; how international standards are understood within legal pluralism policies in national legislation or case law in Colombia, Guatemala, and Peru; and cross-cultural assessment of whether indigenous procedural norms comply with the right to a fair trial. The second section addresses the gendered dynamics of justice sector initiatives to advance human rights through a legally plural framework in South Africa and Zimbabwe; how two transnational aid organizations in ****** (CARE and UNICEF) negotiate the meaning of women's rights and their interventions; a human rights advocacy campaign in Accra, Ghana; women's rights implications of the de facto existence of state law and Islamic discourses on the divorce practices of Muslim families in Belgium; and intra-family conflicts involving members of Congolese families and families of Congolese descent in Belgium. Distributed in the US by ISBS. Annotation ©2017 Ringgold, Inc., Portland, OR (protoview.com)
Number of Pages: 255
Genre: Political Science
Series Title: Onati International Series in Law and Society
Format: Hardcover
Publisher: Intl Specialized Book Services
Language: English
Street Date: May 18, 2017
TCIN: 51774984
UPC: 9781849467612
Item Number (DPCI): 248-34-1173
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