Legal Pluralism
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Legal Pluralism
Legal pluralism is the existence of multiple legal systems within one society and/or geographical area. Plural legal systems are particularly prevalent in former colonies, where the law of a former colonial authority may exist alongside more traditional legal systems (customary law). In postcolonial societies a recognition of pluralism may be viewed as a roadblock to nation-building and development. Anthropologists view legal pluralism in the light of historical struggles over sovereignty, nationhood and legitimacy. History When the systems developed, the idea was that certain issues (such as commercial law, commercial transactions) would be covered by colonial law, and other issues (family law, family and marriage) would be covered by traditional law. Over time, those distinctions tended to break down, and individuals would choose to bring their legal claims under the system that they thought would offer them the best advantage. Current practice Legal pluralism also occurs wh ...
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Legal System
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more p ...
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Legal Pluralism
Legal pluralism is the existence of multiple legal systems within one society and/or geographical area. Plural legal systems are particularly prevalent in former colonies, where the law of a former colonial authority may exist alongside more traditional legal systems (customary law). In postcolonial societies a recognition of pluralism may be viewed as a roadblock to nation-building and development. Anthropologists view legal pluralism in the light of historical struggles over sovereignty, nationhood and legitimacy. History When the systems developed, the idea was that certain issues (such as commercial law, commercial transactions) would be covered by colonial law, and other issues (family law, family and marriage) would be covered by traditional law. Over time, those distinctions tended to break down, and individuals would choose to bring their legal claims under the system that they thought would offer them the best advantage. Current practice Legal pluralism also occurs wh ...
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Legal Sociology
The sociology of law (legal sociology, or law and society) is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintaining ...
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Legal Anthropology
Legal anthropology, also known as the anthropology of laws, is a sub-discipline of anthropology follows inter diciplinary approach which specializes in "the cross-cultural study of social ordering". The questions that Legal Anthropologists seek to answer concern how is law present in cultures? How does it manifest? How may anthropologists contribute to understandings of law? Earlier legal anthropological research focused more narrowly on conflict management, crime, sanctions, or formal regulation. Bronisław Malinowski's 1926 work, ''Crime and Custom in Savage Society'', explored law, order, crime, and punishment among the Trobriand Islanders. The English lawyer Sir Henry Maine is often credited with founding the study of Legal Anthropology through his book '' Ancient Law'' (1861). An ethno-centric evolutionary perspective was pre-eminent in early Anthropological discourse on law, evident through terms applied such as ‘pre-law’ or ‘proto-law’ in describing indigenous ...
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Women's Rights
Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countries, these rights are institutionalized or supported by law, local custom, and behavior, whereas in others, they are ignored and suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against the exercise of rights by women and girls, in favor of men and boys.Hosken, Fran P., 'Towards a Definition of Women's Rights' in ''Human Rights Quarterly'', Vol. 3, No. 2. (May 1981), pp. 1–10. Issues commonly associated with notions of women's rights include the right to bodily integrity and autonomy, to be free from sexual violence, to vote, to hold public office, to enter into legal contracts, to have equal rights in family law, to work, to fair wages or equal pay, to have reproduct ...
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Bodong
Bodong refers to the peace pact or treaty, used by the Kalinga people in Kalinga Province, northern Philippines. These peace rites are usually accompanied by Kalinga songs such as the ''ading'', ''wasani'' and the ''dandanag''. It is a unique judicial system wherein the peace pact holder appointed by the pangat (tribal leaders) of a certain tribe holds a peace agreement with another tribe. In this system, two tribes agree to ally with each other. The bodong is usually worked out in large gatherings between two villages that belong to the same geographic area and shares kinship ties. They call the written laws pagta. The tribes in Kalinga are known for their tribal-wars wherein a life is repayable only with another life. These vengeful tribes will not settle unless the tribe of the person who committed the misdemeanor will surrender or will be killed. Eduardo Masferré notes that by the start of American colonial period, the neighboring Bontoc and Gaddang people The Gadda ...
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Kalinga (province)
; tl, Lalawigan ng Kalinga) , native_name = , other_name = , settlement_type = , image_skyline = , image_caption = (from top: left to right) Bum-bag Rice Terraces, Pasil Valley, Lubuagan Mountains, Mount Manting-oy, Mount Binuluan and Tabuk City Hall. , image_flag = PH-KAL Flag.png , flag_size = 100x80px , image_seal = , seal_size = 100x80px , image_map = , map_caption = Location in the Philippines , coordinates = , subdivision_type = Country , subdivision_name = , subdivision_type1 = Region , subdivision_name1 = , established_title = Founded , established_date = May 8, 1995 , seat_type = Capital , seat = Tabuk , leader_party = , leader_title = Governor , leader_name = James S ...
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Cordillera Central (Luzon)
The Cordillera Central or Cordillera Range is a massive mountain range 320 km (198 miles) long north-south and 118 km (73 miles) east-west. The Cordillera mountain range is situated in the north-central part of the island of Luzon, in the Philippines. The mountain range encompasses all provinces of the Cordillera Administrative Region ( Abra, Apayao, Benguet, Ifugao, Kalinga and Mountain Province), as well as portions of eastern Ilocos Norte, eastern Ilocos Sur, eastern La Union, northeastern Pangasinan, western Nueva Vizcaya, and western Cagayan. To the north, the mountain range terminates at the northern shores of Luzon along the Babuyan Channel in Ilocos Norte and Cagayan provinces. At its southeastern part, the Central Cordillera is linked to the Sierra Madre Mountains, the longest mountain range in the country, through the Caraballo Mountains in Nueva Vizcaya province. During Spanish colonial period, the whole range was called ''Nueva Provincia'' (New Province). Geogra ...
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Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republika sang Filipinas * ibg, Republika nat Filipinas * ilo, Republika ti Filipinas * ivv, Republika nu Filipinas * pam, Republika ning Filipinas * krj, Republika kang Pilipinas * mdh, Republika nu Pilipinas * mrw, Republika a Pilipinas * pag, Republika na Filipinas * xsb, Republika nin Pilipinas * sgd, Republika nan Pilipinas * tgl, Republika ng Pilipinas * tsg, Republika sin Pilipinas * war, Republika han Pilipinas * yka, Republika si Pilipinas In the recognized optional languages of the Philippines: * es, República de las Filipinas * ar, جمهورية الفلبين, Jumhūriyyat al-Filibbīn is an archipelagic country in Southeast Asia. It is situated in the western Pacific Ocean and consists of around 7,641 islands t ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Indigenous Australians
Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples of the Australian mainland and Tasmania, and the Torres Strait Islander peoples from the seas between Queensland and Papua New Guinea. The term Aboriginal and Torres Strait Islander peoples or the person's specific cultural group, is often preferred, though the terms First Nations of Australia, First Peoples of Australia and First Australians are also increasingly common; 812,728 people self-identified as being of Aboriginal and/or Torres Strait Islander origin in the 2021 Australian Census, representing 3.2% of the total population of Australia. Of these indigenous Australians, 91.4% identified as Aboriginal; 4.2% identified as Torres Strait Islander; while 4.4% identified with both groups.
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