G46
State strategies for navigating plural legal orders (IUAES Commission on Legal Pluralism)

Convenors:
Emma Hayward (University of Pennsylvania)
Location:
University Place 4.212
Start time:
8 August, 2013 at 9:00
Session slots:
2

Short abstract:

This panel assesses the ways in which states navigate the plural legal orders found within their borders. It brings together a range of theories to explain state policies on the non-state legal systems that coexist with state law and the normative intersections that result from this overlap.

Long abstract:

This panel brings together some of the most recent work in the field of legal pluralism on the ways in which states navigate the plural legal orders found within their borders. Each of the panelists, through their work, endeavors to develop a theory to explain how states choose to develop policy on the non-state legal systems that coexist with state law and the normative intersections that result from this overlap. Historically, states have adopted a wide range of policies concerning legal pluralism including refusal to acknowledge its presence, incorporation of minority group law into the jurisdiction of state courts, and full recognition of parallel legal systems. Combining theoretical reasoning and empirical evidence, the works presented offer explanations for this diversity of approaches. They include fieldwork from Oceania, the United Kingdom, India, the Midde East, and East Africa.