Accepted paper:

An attempt to find "successful" way dealing with situation of legal pluralism


Olga Korneeva (Saint-Petersburg State University of Aerospace Instrumentation)

Paper short abstract:

Analyzing the experience of modern countries dealing with situation of legal pluralism based on example of blood feud, searching for advantages and disadvantages of different approaches, and conditions which make it successful.

Paper long abstract:

Acknowledging the situation of legal pluralism in most of the modern countries and the growing impact of the globalization process on national legal systems. We would like to present in this article an overview of wide range of experiences of different countries (such as Russia, European countries and Muslim countries and etc.) on the way they treat the situation of plural legal orders. This article focuses on analyzing of one particular sector: "blood feud". Through the comparison of different approaches of countries we try to find advantages and disadvantages, while paying attention to circumstances and conditions which make these approaches successful. For the purpose of study we need also answer the question: how can we see that the way government heals with situation is successful. And what does it mean "successful"( certain kinds of law are acknowledged or legalized, amount of crimes are reduced etc.) from different points of view of scholars and practitioners.

panel G43
New topics in the field of legal pluralism (IUAES Commission on Legal Pluralism)