Beyond pluralism: a descriptive approach to non-state law

نویسندگان

چکیده

The concept of legal pluralism has been used widely in scholarship to draw attention the existence multiple orders. Scholars have relied upon it avoid ideology centralism, counter colonialism, and highlight neglect Indigenous laws. These are ameliorative approaches, which aim expand law for particular purposes. But is not clear that they help explain what does. In this article, I contrast these normative critical projects with analytic descriptive approaches law. Descriptive conceptual analysis, using empirical examples enhance insights theorists, can better shed light on distinctive about as a social form. article illustrates approach number historical anthropological examples. This leads us, suggest, form rather than function, is, quality legalism. creation use general rules abstract categories, usefully distinguishes law, category encompasses both state non-state forms, from wider class norms encompassed by expansive theories pluralists.

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ژورنال

عنوان ژورنال: Jurisprudence

سال: 2022

ISSN: ['2040-3313', '2040-3321']

DOI: https://doi.org/10.1080/20403313.2022.2108608