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Weak Legal Pluralism

This chapter distinguishes between abstract legal pluralism and popular law pluralism. Depending on their form and function, abstract legal concepts in pluralistic legal literature can be classified into one of two broad categories: the internal order of associations or institutionalized systems of rules. However, both types of legal concepts inevitably lead to excessive inclusion by encompassing social phenomena that are not normally considered laws, resulting in intractable problems. Popular legal pluralism identifies coexisting legal forms in relation to what people collectively consider law, examined through a socio-historical lens that examines how legal forms vary across social contexts and change over time. It also articulates three categories of law applied in this book: Community law, regime law and interpolitical law. This approach provides a reasonable account of the law and legal pluralism that is useful to researchers, development practitioners, social scientists and legal theorists. Keywords: eighteenth century; Criminal law; Discipline; ecclesiastical courts; Legal pluralism This introductory chapter provides an overview of legal pluralism. Legal pluralism refers to a variety of laws in different meanings across multiple academic disciplines and legal and development contexts. The chapter shows what stands in the way of legal pluralism: the image of monistic constitutional law. It also establishes two currents of legal pluralism: abstract legal pluralism, constructed by theorists, and popular legal pluralism, understood in socio-historical terms. Finally, the chapter describes three categories of law that appear throughout the book: Community law, regime law and interpolitical law. For librarians and administrators, your personal account also provides access to institutional account management. Find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.

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