Abstract

http://ssrn.com/abstract=2200117
 
 

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Legal Pluralism and Normative Transfer


Jennifer Hendry


School of Law, University of Leeds

October 1, 2012

Order from Transfer: Projects and Problems of Comparative Constitutional Studies, G. Frankenberg (ed.) Edward Elgar (2013) (Forthcoming)

Abstract:     
Legal norms have always crossed borders, be these national, cultural or functional, but recent legal and social changes have made the study of the circumstances under which law and norms are transferred from one context or locus to another more important than ever before. Post-colonial, supranational and global processes have not only drawn attention to this legal 'movement' or transfer but have also raised challenges to conventional conceptions of legal spaces and borders, and these feature alongside legal pluralism at the forefront of contemporary comparative legal studies debates. These two concepts - transfer and pluralism - find themselves inextricably linked by their conceptual relevance to different legal orders and to issues of conflict, contestation and interaction in terms of law, society, culture and legal culture, but are rarely (if ever) conceptualized with relation to each other. This paper submits that framing normative transfer in terms of legal pluralism adds another dimension to each concept, and attempts to illustrate this with reference to the example of nation state-internal normative pluralism in post-colonial societies with indigenous communities.

Number of Pages in PDF File: 23

Keywords: legal pluralism, normativity, state-internal, post-colonial, indigenous peoples, comparative law, comparative legal studies, boundaries, borders, translation, transfer

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Date posted: January 22, 2013  

Suggested Citation

Hendry, Jennifer, Legal Pluralism and Normative Transfer (October 1, 2012). Order from Transfer: Projects and Problems of Comparative Constitutional Studies, G. Frankenberg (ed.) Edward Elgar (2013) (Forthcoming). Available at SSRN: http://ssrn.com/abstract=2200117

Contact Information

Jennifer Hendry (Contact Author)
School of Law, University of Leeds ( email )
Leeds LS2 9JT
United Kingdom
HOME PAGE: http://www.law.leeds.ac.uk/about/staff/hendry.php
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