Applied Legal Pluralism: Processes, Driving Forces and Effects

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Ghislain Otis (University of Ottawa, Canada.) Jean Leclair (University of Montréal, Canada.)

Applied Legal Pluralism

Processes, Driving Forces and Effects

Ghislain Otis (University of Ottawa, Canada.), Jean Leclair (University of Montréal, Canada.), Sophie Thériault

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English

Routledge
29 January 2024

Social & political philosophy; Political structures: democracy; Systems of law; International law; Constitutional & administrative law

This book offers a comparative study of the management of legal pluralism.

The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism – defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism.

As the book’s non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences.

By: Ghislain Otis (University of Ottawa Canada.), Jean Leclair (University of Montréal, Canada.), Sophie Thériault
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9781032263977
ISBN 10: 1032263970
Pages: 270
Publication Date: 29 January 2024
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Ghislain Otis holds a PhD in law from the University of Cambridge. Professor Otis is currently at the Civil Law Section of the University of Ottawa where he holds the tier 1 Canada Research Chair on Legal Diversity of Indigenous Peoples. He is a fellow of the Royal Society of Canada and leads major international research initiatives with indigenous peoples and traditional communities on legal pluralism. He has directed and co-authored several books and articles on indigenous peoples, human rights and legal pluralism. His most recent books include Kanak Aboriginal Title in New Caledonia (2021 French) The Intersection of Indigenous Law and State Law: Cooperation or Confrontation? (2019, bilingual); Contributions to the Study of Indigenous Legal Systems (2018 French) Jean Leclair - LL.B. Montreal 1985; LL. M. Montréal 1990 (recipient of the Duff-Rinfret Scholarship). Full professor (Université de Montréal) since 2002; member of the Bar of Quebec since 1987. Pierre Elliott Trudeau Foundation fellow 2013. Prix André Morel 2016-2017 for excellence in teaching. Member of the consultative council of the Groupe international de travail sur les peuples autochtones (GITPA) (institutional member of IWGIA). Sophie Thériault is Full Professor of Law and Vice-Dean Academics, in the University of Ottawa, Faculty of Law (Civil Law Section).

Reviews for Applied Legal Pluralism: Processes, Driving Forces and Effects

"""Ghislain Otis, Jean LeClair, and Sophie Thériault open up possibilities for moving from the ‘is’ to the ‘ought’, even while they themselves eschew a strongly normative stance. True to the word ‘applied’ in the title, the authors train their sights specifically on the question of how different legal systems attempt to confront and actually manage a pluralist reality."" Paul Schiff Berman, The George Washington University Law School, USA."