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Record Nr. |
UNINA9910511635503321 |
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Titolo |
Human rights encounter legal pluralism : normative and empirical approaches / / edited by Giselle Corradi, Eva Brems and Mark Goodale |
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Pubbl/distr/stampa |
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Oxford [UK] ; ; Portland, Oregon : , : Hart Publishing, , 2017 |
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ISBN |
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1-84946-773-0 |
1-84946-772-2 |
1-84946-771-4 |
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Descrizione fisica |
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1 online resource (267 pages) |
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Collana |
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Oñati international series in law and society |
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Disciplina |
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Soggetti |
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Human rights and international law |
Human rights |
Legal polycentricity |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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Human rights and legal pluralism : four research agendas -- Giselle corradi -- Legal pluralism as a human right and -- or as a human rights violation -- Eva Brems -- Legal pluralism and international human rights law : a multifaceted relationship -- Ellen Desmet -- Human rights, cultural diversity, and legal pluralism from an indigenous perspective : the Awas Tingni case -- Felipe Gomez Isá -- Taking the challenge of legal pluralism for human rights seriously -- Andre Hoekema -- Indigenous justice and the right to a fair trial -- Giselle Corradi -- Gender, human rights, and legal pluralities in Southern Africa : a matter of context and power -- Anne Hellum and Rosalie Katsande -- Women's rights and transnational aid programs in Niger : the conundrums and possibilities of neoliberalism and legal pluralism -- Kari Henquinet -- Legal borderlands : Ghanaian human rights advocacy between layers of law -- Catherine Buerger -- Insiders' perspectives on Muslim divorce in Belgium : a women's rights analysis -- Kim Lecoyer -- Through the looking glass of diversity : the right to family life from the perspective of transnational families in Belgium -- Barbara Truffin and Olivier Struelens. |
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Sommario/riassunto |
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This collection of essays interrogates how human rights law and |
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practice acquire meaning in relation to legal pluralism, ie, 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 and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire 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 |
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