A Political Account for Legal Confrontation between State and Society: The Case of Israeli Legal Pluralism
Studies in Law, Politics and Society, Vol. 32, p. 199, 2004
37 Pages Posted: 19 Dec 2009 Last revised: 13 Jan 2010
Date Written: 2004
This paper provides a political analysis of legal pluralism from a “new institutionalist” perspective. In response to question of why states recognize and incorporate non-state normative orderings into their legal systems, it is hypothesized that the decision of incorporation is made to enhance the capacities of postcolonial states with “rational” calculations. In this respect, two new categories of legal pluralism are introduced: capacity-enhancing recognition and capacity-diminishing recognition. The paper lastly assesses the implications of legal pluralism upon the state-society relations and individual rights and liberties of citizens in the case of Israel.
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