Suchergebnisse

Some challenges of legal globalization closely resemble those formulated earlier for legal pluralism: the irreducible plurality of legal orders, the coexistence of domestic state law with other legal orders, the absence of a hierarchically superior position transcending the differences. This review discusses how legal pluralism engages with legal globalization and how legal globalization utilizes legal pluralism. It demonstrates how several international legal disciplines---comparative law, conflict of laws, public international law, and European Union law---have slowly begun to adopt some ideas of legal pluralism. It shows how traditional themes and questions of legal pluralism---the definition of law, the role of the state, of community, and of space---are altered under conditions of globalization. It addresses interrelations between different legal orders and various ways, both theoretical and practical, to deal with them. And it provides an outlook on the future of global legal pluralism as theory and practice of global law.

An important part of the narrative of modern law and legal science has been the claim that legal unity possesses many advantages over the legal pluralism of earlier periods. This collection includes articles from the conference "Legal Pluralism – Cui bono?" organised by the School of Law in the University of Tartu in 2015. The conference papers not only identify the real dangers and challenges, but first of all the opportunities of legal pluralism and concentrate primarily on the perspective of the individual historically as well as in the present. The volume includes papers by Piia Kalamees, Katrin Kello, Olja Kivistik, Irene Kull, Kåre Lilleholt, Marju Luts-Sootak, Patrick Praet, Ralf Seinecke, Hesi Siimets-Gross, Maarja Torga, and Age Värv.

Muslim legal practice in the United Kingdom : the Muslim arbitration tribunal / Yvonne Prief -- Unregistered Muslim marriages in the United Kingdom / Vishal Vora -- Muslims of Greece : a legal paradox and a political failure / Konstantinos Tsitselikis -- Islamic law as indigenous law : Sharia courts in Israel from a postcolonial perspective / Ido Shahar -- Nation building, Islamic law and unofficial legal pluralism : the cases of Turkey and Pakistan / Ihsan Yilmaz -- Constitutional recognition of Islamic family law and Sharia courts in Ethiopia : governmental strategies to co-regulate the plural family law arena / Katrin Seidel -- Legal pluralism in the southern West Bank : the impact of honour as a factor on developments towards an increased consideration of rule-of-law principles in clan-based justice / Ulrike Qubaja -- Legal pluralism in Indonesia : the case of interfaith marriages involving Muslims / Judith Koschorke -- Contextualising Malaysia's Islamic law : a nuanced perspective / Karen Meerschaut and Werner de Saeger.