Overlapping Discursive Terrains of Culture, Law and Women’s Rights: An Exploratory Study on Legal Pluralism at Play in Pakistan

SCRATCHING THE SURFACE: DEMOCRACY, TRADITION, GENDER, pp.77-100, J. Bennett, ed., Lahore: Heinrich Boll Foundation, 2007

Warwick School of Law Research Paper No. 2012/9

26 Pages Posted: 11 May 2012

Multiple version iconThere are 2 versions of this paper

Date Written: May 9, 2012

Abstract

This paper argues that plural regulatory frameworks (‘laws’ broadly defined) including religion, culture, customs, tradition as well as ‘formal’ law (national and international) informing women’s human rights, collude to create and perpetuate gender hierarchies. Whilst ‘informal’ norms of culture, custom and tradition expressly advance this position, gender neutral laws adopted by the state and her institutions are suspect, as these too, operate within a male socio-legal and political environment. Using the example of Pakistan, the paper attempts to present the contours of an analytical framework for mounting a challenge to plural legal systems from the perspective of women’s lived experiences and realities of their being.

Suggested Citation

Ali, Shaheen S., Overlapping Discursive Terrains of Culture, Law and Women’s Rights: An Exploratory Study on Legal Pluralism at Play in Pakistan (May 9, 2012). SCRATCHING THE SURFACE: DEMOCRACY, TRADITION, GENDER, pp.77-100, J. Bennett, ed., Lahore: Heinrich Boll Foundation, 2007; Warwick School of Law Research Paper No. 2012/9. Available at SSRN: https://ssrn.com/abstract=2055156 or http://dx.doi.org/10.2139/ssrn.2055156

Shaheen S. Ali (Contact Author)

University of Warwick ( email )

Gibbet Hill Rd.
Coventry, West Midlands CV4 8UW
United Kingdom

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