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Author: Tor-Inge Harbo

Nordic Journal of International Law 78 (2009) 201–223 © Koninklijke Brill NV, Leiden, 2009 DOI 10.1163/157181009X431758 NORDIC JOURNAL OF INTERNATIONAL LAW Th e European Economic Area Agreement: A Case of Legal Pluralism Tor-Inge Harbo * Faculty of Law, University of Oslo, Norway

In: Nordic Journal of International Law
Author: Ido Shahar

© Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/156851908X287280 Islamic Law and Society 15 (2008) 112-141 Islamic Law and Society Legal Pluralism and the Study of Shariʿa Courts * Ido Shahar Abstract Legal pluralism has emerged in the last few decades as a prominent

In: Islamic Law and Society
Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions.
The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries.
The work's unique features include
* a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism;
* a broad range of case studies, demonstrating the diversity in formulations of the theory; and
* a wide variety of approaches to the subject matter.
Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.
Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions.

Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.

The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.

Nordic Journal of International Law 79 (2010) 481–499 © Koninklijke Brill NV, Leiden, 2010 DOI 10.1163/157181010X531304 NORDIC JOURNAL OF INTERNATIONAL LAW One Market, Two Courts: Legal Pluralism vs. Homogeneity in the European Economic Area Halvard Haukeland Fredriksen * Research

In: Nordic Journal of International Law
Author: Qian Liu

this review article. Borrows’s emphasis on the incorporation of the principles and values embedded in the stories, rather than the stories per se, has important implications for a discussion of legal pluralism in China. It reminds me of the importance of looking beneath the surface of the local norms

In: China Law and Society Review

system in Nigeria. The coexistence of laws during this period is regarded as the beginning of legal pluralism in Africa. Indigenes were either allowed to resort to their laws or they could be subjected to the laws of the colonial powers. 14 The impact of the application of multiple systems of laws on

In: African Journal of Legal Studies

. 1 Introduction Within a context of rising Islamophobia and controversial claims around the place of religion and religious lifestyles in the public space, part of the European literature on the reasonable accommodation of religious diversity has more or less explicitly accepted legal pluralism

In: International Journal on Minority and Group Rights
Author: Helge Årsheim

implementation of unified, European legal orders to replace the plural legal orders ‘discovered’ among colonial subjects became integral to the ‘great gift of civilization’ motivating European colonial exploits in the 19th and 20th century. 16 While this view of legal pluralism as an anachronistic remnant of an

In: Religion & Human Rights
Authors: Paolo Sartori and Ido Shahar

Introduction The idea of “legal pluralism” emerged in the early 1970s as a counterbalance to the then dominant notion of “legal centralism,” according to which “law is and should be the law of the state, uniform for all persons, exclusive of all other law, and administered by a single set of

In: Journal of the Economic and Social History of the Orient