Justice in Many Rooms Since Galanter: De-Romanticizing Legal Pluralism Through the Cultural Defense

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.

Number of Pages in PDF File: 6

Keywords: legal pluralism, cultural defense, customary law, multiculturalism, immigration, legal anthropology categories, Asian Law

JEL Classification: Z12, Z19, Y80

working papers series