Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 47 for “"legal pluralism"”.
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A qualitative analysis of indigenous justice and legal pluralism in Bolivia
… […] State’ founded on ‘juridical […] pluralism’ (Constitution of Bolivia, 2009, Art. 1). This means that Bolivia is administratively subdivided into rural areas (or indigenous communities) and cities, which are drawn together to form the State of Bolivia. The constitution recognises …
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Statutory laws of intestate succession in south-east Nigeria: addressing the gaps of legal pluralism
… it shows the need to define the interaction of legal orders in Nigeria’s 1999 Constitution. This need includes a gender sensitive Bill of Rights, a defined right to culture, and the jurisdictional expansion of customary courts. The research also analyses unreported customary law judgments on …
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Statutory laws of intestate succession in south-east nigeria: addressing the gaps of legal pluralism
… it shows the need to define the interaction of legal orders in Nigeria’s 1999 Constitution. This need includes a gender sensitive Bill of Rights, a defined right to culture, and the jurisdictional expansion of customary courts. The research also analyses unreported customary law judgments on …
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Friedrich Carl von Savigny and the Politics of Legal Pluralism in Germany, ca. 1810-1847
… through the lens of one jurist’s engagement with legal reform: the scholar and Prussian statesman Friedrich Carl von Savigny (1779-1861). Savigny is known primarily as an innovator in the field of academic jurisprudence. He was a leading figure in the historical school of law, a movement within …
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Legal pluralism in environmental management : informal rules and non-compliance in the Karbonkelberg Marine Protected Area
Includes bibliographical references (leaves 100-104).
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Post-Apartheid Legislative Recognition of Traditional Leaders in South Africa: Weak Legal Pluralism in the Guise of Deep Legal Pluralism An analysis and critique of the legislative framework for the recognition of traditional leadership in South Africa under the 1996 Constitution
… particularly rights discourse. Deep legal pluralism has taken root through living customary law and is changing the way in which community members relate to traditional leaders by empowering rural citizens to demand accountability from traditional leaders. Legislative recognition of …
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Intimate Subversions: Minority women encountering laws and patriarchy
… orders that together comprise a situation of legal pluralism to show how they affect women in the Christian community in Bangladesh. In this thesis, I use a feminist standpoint to interrogate the theories of legal pluralism; hence, I argue for a feminist theory of legal pluralism. By engaging …
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Intimate Subversions: Minority women encountering laws and patriarchy
… orders that together comprise a situation of legal pluralism to show how they affect women in the Christian community in Bangladesh. In this thesis, I use a feminist standpoint to interrogate the theories of legal pluralism; hence, I argue for a feminist theory of legal pluralism. By engaging …
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A critical analysis of the judicial attitude to the right to culture in the context of African customary laws
… of law, the former is subordinated to Western legal standards in judicial decision-making. The research traces the historical marginalisation of African customary law through colonialism and apartheid and ongoing challenges in the post-1994 democratic dispensation. It explores how judges, …
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Assessing land administration systems with their legal frameworks: the case of peri-urban land in Ekiti State, Nigeria
… effective land administration systems (LASs) and legal frameworks are crucial for ensuring pro-poor objectives in land administration. Women, the vulnerable and the poor who are denied access to efficient and effective land administration services tend to experience tenure insecurity. Nigeria is …
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Interpreting ‘living law’ amongst Muslim women in the UK
… moral codes, which draws on the concept of legal pluralism. This will involve the discussion of how Muslim women interpret religious and secular norms in Britain which will result in the comprehension of what is central to their daily lives. The theoretical framework that will be adopted to …
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Médiation transformationnelle et protection du public en droit professionnel au Québec : essai d'intégration
… In the current context of questioning of the legal norm and the traditional legal system, and the development of legal pluralism, mediation raises important issues related to transformation of the law. In this situation, the transformative mediation approach can play a distinctive role. It …
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Muslim family law: British-Bangladeshi Muslim women and divorce in the UK
This socio-legal study investigates the phenomenon of Islamic divorce in the UK. The background to the research problem is situated in discussions on Muslim women’s rights in topics such as Shariah law, multiculturalism and legal pluralism. These may echo concerns that classical interpretation of …
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The influence of plural governance systems on rural coastal livelihoods: the case of Kosi Bay
… The study underscores the manner in which legal pluralism and historical context affect and influence governance processes, and demonstrates that the day-to-day livelihoods of rural people are diverse and dynamic, and can be profoundly affected by meta-level and institutional governance …
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Non-state forms of conflict resolution: opportunities for improving criminal justice a case study of community courts in Mozambique
… Judicial courts are distant and expensive; legal terminology is incomprehensible to the majority of people; and prisons are overcrowded. Mozambicans continue to rely on different normative systems, other than state justice, to resolve their disputes. Recognised mainly as informal, these …
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Kwayeskastasowin ᒃᐗᔦᔅᑲᔅᑕᓱᐎᓐ (Setting Things Right): Cree Pathways to Modernizing Treaty 9
… for treaty renewal by bridging Indigenous legal traditions, wahkohtowin, kaapimaacihkaawaatisiwin, and minopimaatisiiwin, with Canadian constitutional jurisprudence, legal pluralism, UNDRIP and FPIC standards, and comparative governance models. Its original contribution is the Treaty …
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The distortion of the meaning of bride wealth: significance for the evolution of living customary law in southern Nigeria
… for the evolution of living customary law, legal pluralism, and success of development projects in Nigeria. It signifies that development policies should take into consideration the living customary laws of people at the receiving end of development projects. At a broader level, it also …
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Constitutional rationalisation of legislation dealing with traditional justice system
… which could be interpreted as permitting legal pluralism. I argue that the Constitution envisages recognition and application of the indigenous system within the existing courts of law and subject to the Constitution. Traditional leaders must be recognised in line with the injunction that …
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The Development of the Justice in Ancient Egypt from the Old to the Middle Kingdom
… harnessing recent theoretical developments in legal anthropology and ethnographic comparanda from a variety of more recent Egyptian and wider African societies which appear to have parallels with the Ancient Egyptian model. A key argument proposed is that Egyptian justice exhibited a high …
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