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Certainty and Ambiguity in Global Mystery Fiction: Essays on the Moral Imagination
Mystery fiction as a genre renders moral judgments not only about detectives and criminals but also concerning the cultural structures within which these mysteries unfold.In contrast to other volumes which examine morality in crime fiction through the lenses of personal guilt and personal justice, Certainty and Ambiguity in Global Mystery Fiction analyzes the effect of moral imagination on the moral structures implicit in the genre. In recent years, public awareness has attended to the relationship between social structures and justice, and this collection centers on how personal ethics and social ethics are bound together amidst the shifting moral landscapes of mystery fiction.Contributors discuss the interplay between personal guilt and social guilt – considering morality and justice on an individual level and at a societal level – using frameworks of certainty and ambiguity. They show how individual characters in works by Agatha Christie, Gabriel García Márquez, Natsuo Kirino, F.H. Batacan, and Stephen King, among others, may view their moral standing with certainty but clash with the established mores of their culture. Featuring essays on Japanese, Filipino, Indian, and Colombian mystery fiction, as well as American and British fiction, this volume analyzes social guilt and justice across cultures, showing how individuals grapple with the certainty, and, at times, the moral ambiguity, of their respective cultures.
Certainty in Law (Law and Philosophy Library #114)
by Humberto ÁvilaInstead of the usual apologetic treatment found in legal doctrine, linked to the determinacy, immutability or predictability of norms, this book treats legal certainty innovatively, holistically and in depth. Using a method at once analytical and functional, Professor Ávila examines the structural elements of legal certainty, from its definition and foundations to its various dimensions, normative forces and efficacies, citing a wealth of examples from case law to support each of the theses defended.No subject is more important and topical than legal certainty. Problems relating to lack of understanding, instability and unpredictability of law intensify day by day everywhere, in civil law and common law countries alike. Normative sources are increasingly diverse in origin (national, international, community) and multiple in nature (legal, contractual, jurisprudential). They change constantly, and present increasingly frequent problems of ambiguity and vagueness that significantly hinder their comprehension. This state of affairs, which to a greater or lesser extent is true of any legal order, justifies a return to the subject of legal certainty. In this book, essential questions are answered such as: Legal certainty in what sense? Certainty of what, for whom, in whose vision and by whom? When, to what extent, and to what end? “(…) it is probably the most comprehensive and systematic study ever produced on this subject using the analytical method.” (Riccardo Guastini, Professor of Jurisprudence, University of Genoa, Italy)
Certification – Trust, Accountability, Liability (Studies in European Economic Law and Regulation #16)
by Peter RottThis book offers an in-depth analysis of the function of certification in general and of certification systems in a range of different sectors. The authors examine certification from both a theoretical and a practical standpoint and from the perspectives of different disciplines, including law, economics, management, and the social sciences. They also discuss instruments that help ensure the quality of certification, which can range from public law measures such as accreditation, to private law incentives, to deterrents, such as liability towards victims. Further, they assess the role of competition between certification bodies. Readers will learn the commonalities as well as the necessary distinctions between certification bodies in various fields, which may stem from the different functions they serve. These similarities and differences may also be the result of different types of damage that the certified producer or service provider could potentially cause to individuals or to the public at large. Often, companies use certification bodies as an argument to assure the general public, e.g. regarding the safety of medical products. Closer inspection reveals, however, that sometimes certification bodies themselves lack credibility. The book offers essential information on the benefits and pitfalls associated with certification.
Certification and Collective Marks: Law and Practice (Elgar Intellectual Property Law and Practice series)
by Jeffrey BelsonThis book is a thoroughly updated and augmented second edition of Certification Marks, first published in 2002, and remains the only complete volume devoted to these increasingly significant types of trademarks. A comprehensive, wide-ranging and insightful inquiry, this new edition compares the certification and collective mark systems of the UK, EU and US, whilst also referring to other systems. In addition to the laws and policies impacting ownership and use of these marks, also addressed are their historical development, registration and protection, certifiers’ liability, legal and commercial significance, and use in regulatory and technical standardization frameworks. This book is especially timely in light of the advent of the EU certification mark and the controversial EU proposals to extend the Geographical Indications system to include non-agri-food products. Key features include: • the only complete volume devoted to the law of certification and collective marks • discussion of leading cases • analysis of liability exposure of product certifiers • comparison of certification and collective mark protection of geographical indications with the EU sui generis system • examination of emergent forms of certification marks, namely ecolabels and electronic authentication marks in digital content. This book will be of primary interest to trademark practitioners who require a thorough explanation of the statutory protection, registration, and legal and commercial significance of certification and collective marks. It will also provide a helpful reference resource and a platform for further research and policy recommendations to academics in intellectual property and commercial law.
The Certified Criminal Investigator Body of Knowledge (Center For National Threat Assessment Ser.)
by 0 American College of Forensic Examiners InstituteCriminal investigators have a long list of duties. They must identify and secure a crime scene, conduct interviews of witnesses and victims, interrogate suspects, identify and properly collect evidence, and establish and maintain a chain of custody. Once an investigation is underway, the criminal investigator must demonstrate thorough knowledge of
The Certified Criminal Investigator Body of Knowledge (Center For National Threat Assessment Ser. #3)
by 0 American College of Forensic Examiners InstituteCriminal investigators have a long list of duties. They must identify and secure a crime scene, conduct interviews of witnesses and victims, interrogate suspects, identify and properly collect evidence, and establish and maintain a chain of custody. Once an investigation is underway, the criminal investigator must demonstrate thorough knowledge of
Certified Forensic Consultant Body of Knowledge (Center For National Threat Assessment Ser.)
by 0 American College of Forensic Examiners InstituteIn a proper court setting, experts in various fields are often asked to provide testimony and evidence on numerous professional topics. To be able to effectively testify in a courtroom requires knowledge, training, experience, and expertise. The materials presented in Certified Forensic Consultant Body of Knowledge provide the necessary information
Certified Forensic Consultant Body of Knowledge (Center For National Threat Assessment Ser. #1)
by 0 American College of Forensic Examiners InstituteIn a proper court setting, experts in various fields are often asked to provide testimony and evidence on numerous professional topics. To be able to effectively testify in a courtroom requires knowledge, training, experience, and expertise. The materials presented in Certified Forensic Consultant Body of Knowledge provide the necessary information
CETA's Investment Chapter: A Rule of Law Perspective (European Yearbook of International Economic Law #13)
by Kriton DionysiouThis book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitimacy crisis form part of the rule of law, the uniting legal principle from which the legitimacy concerns stem. The book contends that the rule of law is not only the principal normative and causal assumption on which the legitimacy concerns are based, but that it could also be utilized as a platform to evaluate the investment arbitration mechanism in CETA's Investment Chapter.Based on this, the book evaluates CETA's Investment Chapter through the rule of law framework in order to provide a convincing account of the latter's ability to overcome the legitimacy crisis facing investment arbitration. It concludes that CETA's Investment Chapter is unlikely to completely solve the legitimacy crisis simply because it is just a patchwork of reforms rather than a comprehensive reinvention of the substantive and procedural law of investment arbitration. Lastly, the book offers meaningful insights into the way the challenges presented by investment arbitration should be addressed. The book is intended for academics researching international investment law and arbitration as well as for policy-makers focusing on reforming investor-state dispute settlement.
Chadwick F. Alger: Pioneer in the Study of the Political Process and on NGO Participation in the United Nations (SpringerBriefs on Pioneers in Science and Practice #7)
by Chadwick F AlgerThis volume honors the lifetime achievements of distinguished scholar Chadwick F. Alger on the occasion of his 90th birthday. Carolyn Stephenson presents Prof. Alger as a Pioneer in the Study of the Political Process and on NGO Participation in the United Nations. Part 1 offers an autobiographical note and a comprehensive bibliography of his academic publications. Part II includes three texts on “The Political Process in the UN,” namely “The Researcher in the United Nations: Evolution of a Research Strategy,” “Interaction in a Committee of the United Nations General Assembly” and “Interaction and Negotiation in a Committee of the UN GA.” In Part III, which focuses on “Civil Society Organizations in the UN System (NGOs),” three chapters deal with “Evolving Roles of NGOs in Member State Decision-making in the UN System,” “The Roles of NGOs in the UN System: From Article 71 to a People’s Millennium Assembly” and “Strengthening relations between NGOs and the UN system: Towards a research agenda.”
Chaff and Grain: Guilt, Innocence and the Dilemmas of Justice
by Vivek SoodA PIONEERING WORK ON A highly topical subject, Chaff and Grain: Guilt, Innocence and the Dilemmas of Justice by Vivek Sood goes into the malfunctions of the criminal justice system in India. The Supreme Court has gone to the extent of saying that in our criminal justice system the judge presiding over a trial decides on the basis of his sixth sense as to what must have happened during the incident and then lays his trust in God and good luck for coming to the 'right' conclusion. In this hard-hitting take on the criminal justice process, Sood delves into how the innocent end up as undertrials, the misuse of the power of arrest by the police, unjustified denial of bail, manipulated investigations and fake encounters. Apart from making out a case for imperative reforms, in another important suggestion, Sood has redefined 'hate speech' and 'sedition', cases relating to which have been in the news. These are offences that legislators and policymakers can look at afresh, he says. The book also examines the investigations into some of the most controversial cases to hit the headlines in the past two decades-Aarushi Talwar, Jessica Lal, Priyadarshini Mattoo, the Telgi fake stamp paper scam and the Nirbhaya rape-making it a riveting read.
The Chagos Islanders and International Law
by Stephen AllenIn 1965, the UK excised the Chagos Islands from the colony of Mauritius to create the British Indian Ocean Territory (BIOT) in connection with the founding of a US military facility on the island of Diego Garcia. Consequently, the inhabitants of the Chagos Islands were secretly exiled to Mauritius, where they became chronically impoverished. This book considers the resonance of international law for the Chagos Islanders. It advances the argument that BIOT constitutes a 'Non-Self-Governing Territory' pursuant to the provisions of Chapter XI of the UN Charter and for the wider purposes of international law. In addition, the book explores the extent to which the right of self-determination, indigenous land rights and a range of obligations contained in applicable human rights treaties could support the Chagossian right to return to BIOT. However, the rights of the Chagos Islanders are premised on the assumption that the UK possesses a valid sovereignty claim over BIOT. The evidence suggests that this claim is questionable and it is disputed by Mauritius. Consequently, the Mauritian claim threatens to compromise the entitlements of the Chagos Islanders in respect of BIOT as a matter of international law. This book illustrates the ongoing problems arising from international law's endorsement of the territorial integrity of colonial units for the purpose of decolonisation at the expense of the countervailing claims of colonial self-determination by non-European peoples that inhabited the same colonial unit. The book uses the competing claims to the Chagos Islands to demonstrate the need for a more nuanced approach to the resolution of sovereignty disputes resulting from the legacy of European colonialism.
The Chagos Islanders and International Law
by Stephen AllenIn 1965, the UK excised the Chagos Islands from the colony of Mauritius to create the British Indian Ocean Territory (BIOT) in connection with the founding of a US military facility on the island of Diego Garcia. Consequently, the inhabitants of the Chagos Islands were secretly exiled to Mauritius, where they became chronically impoverished. This book considers the resonance of international law for the Chagos Islanders. It advances the argument that BIOT constitutes a 'Non-Self-Governing Territory' pursuant to the provisions of Chapter XI of the UN Charter and for the wider purposes of international law. In addition, the book explores the extent to which the right of self-determination, indigenous land rights and a range of obligations contained in applicable human rights treaties could support the Chagossian right to return to BIOT. However, the rights of the Chagos Islanders are premised on the assumption that the UK possesses a valid sovereignty claim over BIOT. The evidence suggests that this claim is questionable and it is disputed by Mauritius. Consequently, the Mauritian claim threatens to compromise the entitlements of the Chagos Islanders in respect of BIOT as a matter of international law. This book illustrates the ongoing problems arising from international law's endorsement of the territorial integrity of colonial units for the purpose of decolonisation at the expense of the countervailing claims of colonial self-determination by non-European peoples that inhabited the same colonial unit. The book uses the competing claims to the Chagos Islands to demonstrate the need for a more nuanced approach to the resolution of sovereignty disputes resulting from the legacy of European colonialism.
The Chain: The unique and unforgettable thriller of the year
by Adrian McKintyVICTIM.SURVIVOR.ABDUCTOR.CRIMINAL.YOU WILL BECOME EACH ONE.'Starting THE CHAIN is like climbing aboard a runaway train. You'll miss meals, sleep, and your stop on the bus - guaranteed.'VAL McDERMID'Incredibly propulsive and original. You won't shake it for a long time.'STEPHEN KING'Scary, plausible, gripping ... If you like compelling storytelling, this taut thriller is going to be your summer holiday read.'IAN RANKIN'I may not read a better thriller in my lifetime. It just doesn't get any better than THE CHAIN.'STEVE CAVANAGH * * * * *YOUR PHONE RINGS.A STRANGER HAS KIDNAPPED YOUR CHILD.TO FREE THEM YOU MUST ABDUCT SOMEONE ELSE'S CHILD.YOUR CHILD WILL BE RELEASED WHEN YOUR VICTIM'S PARENTS KIDNAP ANOTHER CHILD.IF ANY OF THESE THINGS DON'T HAPPEN:YOUR CHILD WILL BE KILLED. YOU ARE NOW PART OF THE CHAIN * * * * *'A masterpiece. You will never be able to forget it.'DON WINSLOW'A unique and unforgettable thriller. Breath-taking, breakneck, brilliant.'MARK BILLINGHAM 'Terrifying. Terrific.'MICK HERRON'Striking, memorable, should be savoured.'TANA FRENCH'THE CHAIN does for parenting what Gone Girl did for marriage. A must-read thriller.'JAMES SWALLOW'Inventive, tense, unputdownable - THE CHAIN is the real deal.'TIM WEAVER'Diabolical, unnerving, relentless.'DENNIS LEHANE'An electrifying thriller - one of the very best of its kind'FIONA CUMMINS 'A first-rate edge-of-your-seat thriller. I can't believe what went through my mind while reading it.'ATTICA LOCKE'Gripping, nail-biting, convincing.'MEG GARDINER'Brutally compelling.'MASON CROSS'Staggeringly brilliant. Gripping, propulsive, profoundly affecting.'LIAM McILLVANNEY'Relentless from the first page to the last. Clever, uncompromising, and gripping.'LUCA VESTE'This is the thriller of the year.'SJI HOLLIDAY "YOU ARE NOT THE FIRST.AND YOU WILL CERTAINLY NOT BE THE LAST."
Challenge and Change: Global Threats and the State in Twenty-first Century International Politics
by Norma C. Noonan Vidya NadkarniThis edited volume addresses how the state system, the organizing political institution in world politics, copes with challenges of rapid change, unanticipated crises, and general turmoil in the twenty-first century. These disruptions are occurring against the background of declining US influence and the rising power of countries in Asia, Africa, and Latin America. Traditional inter-state security concerns coexist with new security preoccupations, such as rivalries likely to erupt over the resources of the global commons, the threat of cyber warfare, the ever-present threat of terrorism, and the economic and social repercussions of globalization. The contributors explore these key themes and the challenges posed by rapid change.
The Challenge for Business and Society: From Risk to Reward
by Stanley S. LitowA roadmap to improve corporate social responsibility The 2016 U.S. Presidential Campaign focused a good deal of attention on the role of corporations in society, from both sides of the aisle. In the lead up to the election, big companies were accused of profiteering, plundering the environment, and ignoring (even exacerbating) societal ills ranging from illiteracy and discrimination to obesity and opioid addiction. Income inequality was laid squarely at the feet of us companies. The Trump administration then moved swiftly to scrap fiscal, social, and environmental rules that purportedly hobble business, to redirect or shut down cabinet offices historically protecting the public good, and to roll back clean power, consumer protection, living wage, healthy eating initiatives and even basic public funding for public schools. To many eyes, and the lens of history, this may usher in a new era of cowboy capitalism with big companies, unfettered by regulation and encouraged by the presidential bully pulpit, free to go about the business of making money—no matter the consequences to consumers and the commonwealth. While this may please some companies in the short term, the long term consequences might result in just the opposite. And while the new administration promises to reduce "foreign aid" and the social safety net, Stanley S. Litow believes big companies will be motivated to step up their efforts to create jobs, reduce poverty, improve education and health, and address climate change issues — both domestically and around the world. For some leaders in the private sector this is not a matter of public relations or charity. It is integral to their corporate strategy—resulting in creating new markets, reducing risks, attracting and retaining top talent, and generating growth and realizing opportunities. Through case studies (many of which the author spearheaded at IBM), The Challenge for Business and Society provides clear guidance for companies to build their own corporate sustainability and social responsibility plans positively effecting their bottom lines producing real return on their investments. This book will help: • Create an effective corporate social responsibility and sustainability plan • Provide long-term bottom line benefit • Protect and enrich brand value• Recruit and retain top talent Perfect for CEOs, CFOs, Human Resource/Corporate Affairs executives, but also for government and not-for-profit leaders, this book helps you come up with a solid plan for giving back to society, producing real sustainable value.
The Challenge for Business and Society: From Risk to Reward
by Stanley S. LitowA roadmap to improve corporate social responsibility The 2016 U.S. Presidential Campaign focused a good deal of attention on the role of corporations in society, from both sides of the aisle. In the lead up to the election, big companies were accused of profiteering, plundering the environment, and ignoring (even exacerbating) societal ills ranging from illiteracy and discrimination to obesity and opioid addiction. Income inequality was laid squarely at the feet of us companies. The Trump administration then moved swiftly to scrap fiscal, social, and environmental rules that purportedly hobble business, to redirect or shut down cabinet offices historically protecting the public good, and to roll back clean power, consumer protection, living wage, healthy eating initiatives and even basic public funding for public schools. To many eyes, and the lens of history, this may usher in a new era of cowboy capitalism with big companies, unfettered by regulation and encouraged by the presidential bully pulpit, free to go about the business of making money—no matter the consequences to consumers and the commonwealth. While this may please some companies in the short term, the long term consequences might result in just the opposite. And while the new administration promises to reduce "foreign aid" and the social safety net, Stanley S. Litow believes big companies will be motivated to step up their efforts to create jobs, reduce poverty, improve education and health, and address climate change issues — both domestically and around the world. For some leaders in the private sector this is not a matter of public relations or charity. It is integral to their corporate strategy—resulting in creating new markets, reducing risks, attracting and retaining top talent, and generating growth and realizing opportunities. Through case studies (many of which the author spearheaded at IBM), The Challenge for Business and Society provides clear guidance for companies to build their own corporate sustainability and social responsibility plans positively effecting their bottom lines producing real return on their investments. This book will help: • Create an effective corporate social responsibility and sustainability plan • Provide long-term bottom line benefit • Protect and enrich brand value• Recruit and retain top talent Perfect for CEOs, CFOs, Human Resource/Corporate Affairs executives, but also for government and not-for-profit leaders, this book helps you come up with a solid plan for giving back to society, producing real sustainable value.
The Challenge for Energy Justice: Correcting Human Rights Abuses
by Raphael J HeffronWritten by one of the world’s leading scholars in the field, this book provides a unique perspective on the connections between energy justice and human rights. Taking an interdisciplinary approach, the author offers an accessible discussion about the implementation of energy justice in practice. The book explores the rise of justice issues in the energy sector, the interdisciplinary nature of energy justice, the economics of energy justice and provides a practical case study on distributive justice. The penultimate chapter focuses on human rights and energy justice in a world first, and explores the topic from the perspective of the opportunity of last resort. This ‘opportunity of last resort’ is the national courts and is the place where societies can seek to have justice enforced through a variety of human rights being protected. Finally, energy justice risks are highlighted alongside the author’s proposed framework for the next generation of energy justice scholars.
The Challenge of Asylum to Legal Systems
by Prakash ShahA collection of papers presenting critical perspectives in the development of asylum law with a focus on European and UK developments, incorporating international human rights law and comparative law perspectives. Issues covered range from law-making at the EU level, with a particular focus on extra-territorial processing of refugees claims, asylum procedures, family members of those in need of protection, welfare benefits and impact of national level on the reception of EU norms. Domestic and comparative perspectives offered include discussions on detention, judicial decision-making, appeal rights, claims processing with particular reference to the role of interpreters and developments in Australia which have provided a model of thought worthy of emulation in the UK.
The Challenge of Asylum to Legal Systems
by Prakash ShahA collection of papers presenting critical perspectives in the development of asylum law with a focus on European and UK developments, incorporating international human rights law and comparative law perspectives. Issues covered range from law-making at the EU level, with a particular focus on extra-territorial processing of refugees claims, asylum procedures, family members of those in need of protection, welfare benefits and impact of national level on the reception of EU norms. Domestic and comparative perspectives offered include discussions on detention, judicial decision-making, appeal rights, claims processing with particular reference to the role of interpreters and developments in Australia which have provided a model of thought worthy of emulation in the UK.
The Challenge of Crime: Rethinking Our Response
by Henry RuthThe development of crime policy in the United States for many generations has been hampered by a drastic shortage of knowledge and data, an excess of partisanship and instinctual responses, and a one-way tendency to expand the criminal justice system. Even if a three-decade pattern of prison growth came to a full stop in the early 2000s, the current decade will be by far the most punitive in U.S. history, hitting some minority communities particularly hard. The book examines the history, scope, and effects of the revolution in America's response to crime since 1970. Henry Ruth and Kevin Reitz offer a comprehensive, long-term, pragmatic approach to increase public understanding of and find improvements in the nation's response to crime. Concentrating on meaningful areas for change in policing, sentencing, guns, drugs, and juvenile crime, they discuss such topics as new priorities for the use of incarceration; aggressive policing; the war on drugs; the need to switch the gun control debate to a focus on crime gun regulation; a new focus on offenders' transition from confinement to freedom; and the role of private enterprise. A book that rejects traditional liberal and conservative outlooks, The Challenge of Crime takes a major step in offering new approaches for the nation's responses to crime.
The Challenge of East-West Migration for Poland (Studies in Russia and East Europe)
by Keith Sword Krystyna IglickaOne of the major features of the social landscape of the new states of Eastern Europe and the former USSR is migration, whether voluntary or coerced. The decline of communism in both East and Central Europe, as well as the fall of the Soviet empire has created new population and ethnic problems. The recent exodus has proved to be the largest migration wave reported in Europe in over 40 years. The problem of foreigners in Poland is a subject scarcely studied and insufficiently described. This volume has been compiled on the basis of papers prepared for a Social Sciences Seminar series at the School of Slavonic Studies, London, which was devoted to migratory movements in Poland since 1989. This volume thus contains the latest data and results of research (quantitative as well as qualitative) on the movement of foreigners into Poland. It is a groundbreaking work.
Challenge of Law Reform (PDF)
by Arthur T. VanderbiltMajor crimes in the United States reached an all-time high in 1954, exceeding the two-million mark for the third successive year. In spite of such groups as the famous Kefauver Committee, organized crime continues to entrench itself in the cities. Meanwhile, amid public apathy, the court calendars grow longer and justice is delayed. Thousands of new laws are passed each year, often without proper study, so that no lawyer today can achieve real mastery of even one major branch of his profession. In this little book, literally a challenge, Chief Justice Vanderbilt speaks out against these situations and abuses. Drawing on his experience as Chief Justice under the reformed court system provided by the 1947 New Jersey Constitution, he explains the need for reform, the importance of judicial administration, the problems of selecting judges and jurors, and the importance of legal procedure. In the matter of law reform he has long been known as a leader and fighter. In his book, originally delivered as the White Lectures at the University of Virginia Law School, he asks his readers to meet the challenge of law reform.Originally published in 1955.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The Challenge of Legal Pluralism: Local dispute settlement and the Indian-state relationship in Ecuador (Cultural Diversity and Law)
by Marc Simon ThomasWithin the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance. This book argues that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a "counter-hegemonic strategy", even if, on other socio-geographical levels, this thinking in terms of resistance holds true. Based on qualitative research, the work analyzes how internal conflicts among indigenous inhabitants of the Ecuadorian highlands are being settled in a situation of formal legal pluralism, and what can be learned from this in terms of Indian-state relationships. It is shown that, on a local level, the phenomenological dimension of legal pluralism can be termed "interlegality." On a macro level, ontological assumptions underscore that legal pluralism is still seen as a dichotomy between customary and national law. Multidisciplinary in nature, the book will be of interest to academics and researchers working in the areas of Legal Pluralism, Cultural Anthropology and Latin American Studies.
The Challenge of Legal Pluralism: Local dispute settlement and the Indian-state relationship in Ecuador (Cultural Diversity and Law)
by Marc Simon ThomasWithin the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance. This book argues that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a "counter-hegemonic strategy", even if, on other socio-geographical levels, this thinking in terms of resistance holds true. Based on qualitative research, the work analyzes how internal conflicts among indigenous inhabitants of the Ecuadorian highlands are being settled in a situation of formal legal pluralism, and what can be learned from this in terms of Indian-state relationships. It is shown that, on a local level, the phenomenological dimension of legal pluralism can be termed "interlegality." On a macro level, ontological assumptions underscore that legal pluralism is still seen as a dichotomy between customary and national law. Multidisciplinary in nature, the book will be of interest to academics and researchers working in the areas of Legal Pluralism, Cultural Anthropology and Latin American Studies.