Legal pluralism : toward a multicultural conception of law / Warwick Tie.

Format:

Book

Author/Creator:

Tie, Warwick.

Language:

English

Subjects (All):

Legal polycentricity.

Physical Description:

ix, 285 pages ; 23 cm

Place of Publication:

Aldershot, Hants, England ; Brookfield, Vt. : Ashgate/Dartmouth, [1999]

Summary:

Legal Pluralism assesses the state of the legal-pluralist paradigm with a view to identifying its more fertile dimensions for theorising the future of law. It finds these in the 'weaker' versions of legal pluralism, in those which attempt to embrace both the 'closure' that positive law usefully brings to disputes and the 'critique' with which 'thorough-going' forms of legal pluralism deconstruct such closures. These 'weaker' approaches presume the existence of a 'reflexive' form of subjectivity that can embrace both closure and critique. Legal Pluralism outlines the types of social condition that are needed for such a subjectivity to develop and, in turn, the social circumstances under which highly reflexive legal forms might develop. The prospects for mediation, as a legal device for negotiating conflicts within culturally-pluralist circumstances, are explored using this set of considerations.

Contents:

1 The Pressure to Reimagine Law 1

2 The Multiculturalist Challenge to Law 25

3 Mapping the Diversity of Legal Pluralism 59

4 Post-Realist Legal Pluralism 93

5 Post-Modern Legal Pluralism 113

6 Post-Pragmatist Legal Pluralism 138

7 Locating Law within Diversity 161

8 Saving Law from Itself 195

9 Toward a Multicultural Conception of Law 227

10 Implications: The Relationship of Mediation to Law 240.

Notes:

Includes bibliographical references (pages 263-278) and index.

ISBN:

1840147253

OCLC:

40964983