Deconstructing the Alternative Modalities of Law in the context of Legal Pluralism

Authors

  • Faiz Ahmed A student in National Law University Shimla [Batch 2019-2024]

DOI:

https://doi.org/10.31305/rrijm.2022.v07.i09.023

Keywords:

legal pluralism, laws evolution, customary laws, uniform civil law, personal laws, ancient laws, indigenous laws, social norms, conflicting legal norms, diversity

Abstract

This paper discusses the concept of legal pluralism, which is the coexistence of different legal orders, rules, and regulations derived from various sources in a single legal system. It explores the historical roots of legal pluralism and how it has evolved through different societies and civilisations. The concept has been around for ages, including customary laws, uniform civil laws, geographical laws, international laws, personal laws, colonial laws, tribal laws, and indigenous laws. Legal pluralism allows for a balance of law and order, allowing for the evolution of social norms and the coexistence of various legal systems. This paper is a good illustration of the complexities and the stakes of legal pluralism. It does more specifically, put the question of legal reforms in the light of legal pluralism.

Despite the complexity of legal pluralism, it is an effective means of maintaining social order and resolving disputes in many societies. This is because it allows people to live according to their own customs and beliefs, while also providing a framework for resolving conflicts and enforcing laws. However, legal pluralism also has its drawbacks, such as the potential for conflicting legal norms to create confusion and uncertainty. Overall, legal pluralism is a fascinating concept that highlights the diversity and complexity of legal systems worldwide. While it has its challenges, it also has the potential to promote social harmony and provide a framework for resolving disputes in a way that is fair and just for all.

References

Roseveare, C. (2013). Rule of law and international development. London: DFID.

Legal Pluralism in Theory and Practice Geoffrey Swenson, International Studies Review, Volume 20, Issue 3, September 2018, Pages 438–462, https://doi.org/10.1093/isr/vix060

Legal Pluralism : The Essence of India’s Classical Legal ordering, Dr. A. P. Singh, Legal Pluralism in India, Special Issue of the Indian Socio-Legal Journal, Vol. XXXI, 148 p (95-106)

Retain All Personal Laws: A Jurisprudential Analysis, Mass L. Usuf, S.L guardian

Benjamin Schonthal. (2022) The cunning of legal pluralism: negotiating monism and pluralism in Buddhist law. Legal Pluralism and Critical Social Analysis 0:0, pages 1-17.

LEGAL PLURALISM IN INDIA : AN INTRODUCTION, Christoph Eberhard and Nidhi Gupta ,Indian Socio-Legal Journal XXXI, 2005, p 1-10

Call for Indianisation is a fallacy, if not a fraud on the Constitution, Dr M.P. Raju, can be accessed at https://theleaflet.in/call-for-indianisation-is-a-fallacy-if-not-a-fraud-on-the-constitution/

Rekindling debate on Uniform Civil Code (UCC), Dr. Prashant Prabhakar Deshpande https://timesofindia.indiatimes.com/blogs/truth-lies-and-politics/rekindling-debate-on-uniform-civil-code-ucc-part-1/

Legal Pluralism in India – divisive and discriminatory?,POPPY KEMP can be accessed at https://www.culs.org.uk/per-incuriam/legal-pluralism-in-india-divisive-and-discriminatory

Sally Engle Merry, Legal Pluralism, 22.5 Law and Society Review, 869 (1988)

Masaji Chiba "Asian Indigenous Law in Interaction with Received Law." (1986)

de Sousa Santos, B. and de Sousa Santos, B., 2002. Toward a new legal common sense.

Understanding Legal Pluralism: Past to Present, Local to Global, BRIAN Z TAMANAHA

John Griffiths, What is Legal Pluralism?, 24 Journal of Legal Pluralism and Unofficial Law, 1-55, (1986)

Downloads

Published

20-09-2022

How to Cite

Ahmed, F. (2022). Deconstructing the Alternative Modalities of Law in the context of Legal Pluralism. RESEARCH REVIEW International Journal of Multidisciplinary, 7(9), 137–144. https://doi.org/10.31305/rrijm.2022.v07.i09.023