Legal pluralism, social theory, and the state
Правовой плюрализм, социальная теория и государство
2018-09-02
SCID: 54.1/ww92wr8q
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globalization and lawlegal anthropologylegal pluralismstate-law intersections
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Abstract (AI)
Legal pluralism has seen a marked rise in interest since the turn of the century. While long rejected in legal studies, legal pluralism is now widely accepted, not least in light of the broad range of perspectives on the state it has sought to interpret and it has produced. A crucial change could be noted in the 1970s, when legal anthropologists began to demonstrate the applicability of this term, and not just in anthropological thinking about law. Political and economic developments also profoundly changed constellations of legal pluralism, following diverse trajectories in which the concept obtained multiple meanings. While highlighting significant stages of this process, this chapter discusses how anthropological insights in law and legal pluralism metamorphosed from the study of law in colonial societies towards law of a widely varying scope under conditions of ever-increasing global connectedness. The epistemological insights drawn from the diverse trajectories reflect and shape the social theories of the time, where intersections of state and law represent a central theme, albeit to a greater extent in some periods, and virtually absent in others.
Key Findings
1
Anthropological study of law evolved from focusing on colonial societies to addressing law of varying scope under increasing global connectedness.
2
Epistemological insights from these trajectories both reflect and shape contemporary social theories, with varying emphasis on intersections of state and law across periods.
3
In the 1970s legal anthropologists demonstrated that legal pluralism applies beyond colonial contexts, expanding its relevance across disciplines.
4
Interest in legal pluralism has markedly increased since the early 21st century, shifting from rejection to wide acceptance in legal studies.
5
Political and economic developments altered configurations of legal pluralism, producing multiple meanings and diverse historical trajectories.
Research Object
Legal pluralism as a phenomenon and analytical concept
Research Subject
How legal pluralism relates to and reshapes social theory and conceptions of the state across historical trajectories, disciplinary perspectives, and global connectedness
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2018-09-02
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