Human Rights Encounter Legal Pluralism: Normative and Empirical Approaches

by Giselle Corradi (Editor), Henri LauziVKÀ (Editor), Mark Goodale (Editor)

Overview

This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, i.e., 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, Europe, Asia, and the Middle East, the contributions in this volume analyze how different configurations of legal pluralism interact with the legal and social life of human rights. At the same time, the authors inquire 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. (Series: Oñati International Series in Law and Society) [Subject: Human Rights Law, Public International Law, Socio-Legal Studies]

Product Details

ISBN-13:	9781849467612
Publisher:	Hart Publishing (UK)
Publication date:	05/18/2017
Series:	Return of the Nine
Pages:	272
Product dimensions:	6.00(w) x 9.30(h) x 1.00(d)

Table of Contents

Acknowledgements v

Contributors ix

Introduction

1 Human Rights and Legal Pluralism: Four Research Agendas Giselle Corradi 1

Part 1 Normative Approaches

2 Legal Pluralism as a Human Right and/or as a Human Rights Violation Eva Brems 23

3 Legal Pluralism and International Human Rights Law: A Multifaceted Relationship Ellen Desmet 41

4 Human Rights, Cultural Diversity and Legal Pluralism from an Indigenous Perspective: The Awas Tingni Case Felipe Gómez Isa 55

5 Taking the Challenge of Legal Pluralism for Human Rights Seriously André Hoekema 77

6 Indigenous Justice and the Right to a Fair Trial Giselle Corradi 97

Part 2 Empirical Approaches

7 Gender, Human Rights and Legal Pluralities in Southern Africa: A Matter of Context and Power Anne Hellum Rosalie Katsande 119

8 Women's Rights and Transnational Aid Programmes in Niger: The Conundrums and Possibilities of Neoliberalism and Legal Pluralism Kari B Henquinet 137

9 Legal Borderlands: Ghanaian Human Rights Advocacy between the Layers of Law Catherine Buerger 157

10 Insiders' Perspectives on Muslim Divorce in Belgium: A Women's Rights Analysis Kim Lecoyer 175

11 Through the Looking Glass of Diversity: The Right to Family Life from the Perspectives of Transnational Families in Belgium Barbara Truffin Olivier Struelens 203

References 223

Index 249