Justice in Many Rooms Since Galanter: De-Romanticizing Legal Pluralism Through the Cultural Defense
Law and Contemporary Problems, Vol. 71, pp. 139-146, Spring 2008
University of Wisconsin Legal Studies Research Paper No. 1095
6 Pages Posted: 31 Aug 2009
Date Written: 2008
Abstract
Marc Galanter's article, 'Justice in Many Rooms' (1981) was prescient in recognizing that nonstate law was not necessarily kinder and gentler than state law. While many writing in the 1970s and 80s celebrated nonstate law as more egalitarian and less coercive than state law, Galanter held back. Post-1980s critiques of the cultural defense, particularly by Asian American feminist lawyers, have also contributed to a shift in the scholarly perception of nonstate law. In the spirit of Galanter's piece, the cultural defense debate should be read not just as a discussion about multicultural tolerance, but also as an integral part of the legal pluralism literature.
Keywords: legal pluralism, cultural defense, customary law, multiculturalism, immigration, legal anthropology categories, Asian Law
JEL Classification: Z12, Z19, Y80
Suggested Citation: Suggested Citation
Do you have negative results from your research you’d like to share?
Recommended Papers
-
The Interlegality of Transnational Private Law
By Robert Wai
-
Towards a Cosmopolitan Vision of Conflict of Laws: Redefining Governmental Interests in a Global Era
-
What is Non-State Law? Mapping the Other Hemisphere of the Legal World
By Marc Hertogh
-
The Pluralism of Global Administrative Law
By Nico Krisch
-
Globalisation and the Challenge of Asian Legal Transplants in Europe
By Prakash Shah
-
Out of Place and Out of Time: Law's Fading Co-Ordinates
By Neil Walker
-
International Norm Diffusion in the Pimicikamak Cree Nation: A Model of Legal Mediation