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Historical perspectives on legal pluralism

In Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.), Legal pluralism and development: scholars and practitioners in dialogue. New York: Cambridge University Press (2012)

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  1. An Uneven and Combined Development Theory of Law: Initiation.Susan Dianne Brophy - 2017 - Law and Critique 28 (2):167-191.
    That various legal orders preside in any one jurisdiction has long been seen as evidence of legal pluralism; however, this approach lacks a systematic understanding of history in general, and as such, tells us little about the inner machinations of law’s relation to capitalist development in particular. What is needed instead is a dialectical materialist approach to legal development; for this reason, I tender an uneven and combined development theory of law. Law flexes in concert with ever-changing social relations, or (...)
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  • Secularization, Legal Pluralism, and the Question of Relationship-Recognition Regimes.Mariano Croce - 2015 - The European Legacy 20 (2):151-165.
    In this article I contend that the re-emergence of religion in Western liberal states is a feature of a much broader phenomenon, namely, the re-establishment of legal pluralism whereby various social actors claim to be the legitimate producers of their own law. To prove this, I first offer an account of secularization as the successful attempt of modern states to dismantle a legal-pluralist system. Based on this, I argue that the reviviscence of religions is the reviviscence of their practical side: (...)
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