Exploring avenues of research in legal pluralism: forward-looking perspectives in the work of Franz von Benda-Beckmann

Turner, Bertram

doi:10.1080/07329113.2015.1113690

Cited by 9 publications

(6 citation statements)

References 51 publications

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“…Studies of such translating processes have called attention to the role of the intermediating actors and their relations with the recipients and addressees of the new laws. As Turner (2015) has argued, in order to capture the interconnections of plural legal constellations and the differences in the scope of the components, multisited and multi-scalar studies appear to be better suited than methodological nationalism, which presumes the nation state to be the sole "natural" socio-political and legal unit of reference (Wimmer and Schiller 2003;Sassen 2010).…”

Section: Global Dynamicsmentioning

confidence: 99%

Legal pluralism, social theory, and the state

Benda-Beckmann

Turner

2018

The Journal of Legal Pluralism and Unofficial Law

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Legal pluralism has seen a marked rise in interest since the turn of the century. While long rejected in legal studies, legal pluralism is now widely accepted, not least in light of the broad range of perspectives on the state it has sought to interpret and it has produced. A crucial change could be noted in the 1970s, when legal anthropologists began to demonstrate the applicability of this term, and not just in anthropological thinking about law. Political and economic developments also profoundly changed constellations of legal pluralism, following diverse trajectories in which the concept obtained multiple meanings. While highlighting significant stages of this process, this chapter discusses how anthropological insights in law and legal pluralism metamorphosed from the study of law in colonial societies towards law of a widely varying scope under conditions of ever-increasing global connectedness. The epistemological insights drawn from the diverse trajectories reflect and shape the social theories of the time, where intersections of state and law represent a central theme, albeit to a greater extent in some periods, and virtually absent in others.

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Section: Global Dynamicsmentioning

confidence: 99%

Legal pluralism, social theory, and the state

Benda-Beckmann

Turner

2018

The Journal of Legal Pluralism and Unofficial Law

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“…An explanation of this gradual adaptation is that it is natural for people to be shaped by the social, legal, cultural and economic conditions where they live (Abrego 2008;Kubal 2013;Turner 2015;Chua and Engel 2019). When we asked Norwegian Chechens whether they would prefer customary, religious or secular laws, our respondents revealed their insight and reflection on this issue.…”

Section: Norwaymentioning

confidence: 99%

The Chechen post-war diaspora in Norway and their visions of legal models

Sugaipova

Wilhelmsen

2021

CASU

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This article examines how understandings of the rule of law are shaped in the Chechen diaspora in Norway. Taking as our point of departure studies of legal pluralism and the co-existence of traditional Adat, religious Sharia and Russian secular law in Chechnya, we examine the effect of living in a host country by asking: How do members of the Chechen diaspora, here defined as conflict-generated diaspora, view and internalize legal models in Norway? What type of state governance do they see as ideal for themselves and for Chechnya in the future? Further: what might the underlying explanation for their choices be? We assume that just as different waves of violence in Chechnya created different diaspora communities that today exhibit specific social, cultural and political traits, the latest wave of forced emigration to Europe after the post-Soviet Russo-Chechen wars may have made specific imprints on the legal preferences of this diaspora. The picture that emerges from our in-depth individual interviews and surveys is one of gradual adaptation and adjustment to Norwegian state governance and rule of law, demonstrating the complex and co-constitutive relationships between changing identities and legal preferences.

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“…Of particular importance to my argument here is one strand of such inquiry, centered especially in legal anthropology, that focuses on the actions of those who use (or do not use) particular legal systems in a pluri-legal setting. Such actor-oriented approaches (see, e.g., von Benda-Beckmann and von Benda-Beckmann 2006;Griffiths 1998;Jean-Bouchard 2014) foreground the strategic actions of individuals negotiating legally plural orders in order to understand how such actions help change legal systems and the articulations among them (Turner 2015). The kinds of changes canvassed in this work include, among other things, the substantive content of legal rules, the actors authorized to make or administer law, the relative institutionalization of different normative systems, and the differentiation of legal expertise from everyday knowledge (von Benda-Beckmann and von Benda-Beckmann 2006, 13-14).…”

Section: As Franz and Keebet Vonmentioning

confidence: 99%

Very Long Engagements: The Persistent Authority of Bridewealth in a Post-Apartheid South African Community

Yarbrough¹

2019

Preprint

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This article examines the persistent authority of lobola, the customary practice for forming marriages in many South African communities. South African marriage rates have sharply fallen, and many blame this on economic challenges completing lobola. Using in‐depth, qualitative research from a village in KwaZulu‐Natal, where lobola demands are the country's highest and marriage rates its lowest, I argue that lobola's authority survives because lay actors have innovated new approaches for pursuing emerging desires for marriage via lobola. I argue that dyadic narratives of marriage increasingly circulate alongside “traditional” extended‐family narratives, especially among the young women who strongly support lobola while yearning for gender‐egalitarian marriages. My argument synthesizes actor‐oriented analyses of legal pluralism with Ewick and Silbey's theorization of lay actors’ role in producing legality to illuminate how lay actors contribute not only to the form and content of different legal systems, but also to the reach of their authority.

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Exploring avenues of research in legal pluralism: forward-looking perspectives in the work of Franz von Benda-Beckmann

Cited by 9 publications

References 51 publications

Legal pluralism, social theory, and the state

Legal pluralism, social theory, and the state

The Chechen post-war diaspora in Norway and their visions of legal models

Very Long Engagements: The Persistent Authority of Bridewealth in a Post-Apartheid South African Community

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