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1 J. Griffiths, "What is legal pluralism?", Journal ofLegal Pluralism, no. 24 (1986), 1-55. 2 Paraphrasing the editors at p. xi. 3 B. Z. Tamanaha, "The folly of the 'social-scientific' concept of legal pluralism", Journal of Law and Society, vol. 20, no. 2 (1993), pp. 192-236. 4 Ibid., p.192. 5 Ibid., p.193. Emphasis in the original. 6 See Baudouin Dupret in this volume suggesting that "many of the theoretical problems associated with legal pluralism are actually terminological in origin or, to be more precise, stem from the desire to give legal and/or political concepts (such as law, tradition, the state etc.) a socio-anthropologicial dimension". B. Dupret, "Legal pluralism, normative plurality, and the Arab world", pp. 29-40 at p. 29. 7 G. R. Woodman, "The idea of legal pluralism", pp. 3-19 in this volume, at p. 5. 8 See M.B. Hooker, Legal Pluralism: An Introduction to Colonial and Neo-Colonial Laws, Oxford, 1975. 9 This is not incompatible with Woodman's brief consideration of "religious law" and "whether it can be an element in situations of legal pluralism". 10 Woodman, "The idea of legal pluralism", p. 6.
11 Griffiths, "What is legal pluralism?", p. vii. 1z Legal monism being, according to Griffiths, "not merely a preference for a particular terminological practice (in which 'law* is reserved for social control by the state)" but "[flar more importantly, it is a particular, and untenable sociological view, one associated historically with Austinian legal postivism and nineteenth century bourgeois liberalism" (pp. vii-vii). '3 Dupret himself advocates in this volume the "analytical advantage of a sociology of normative plurality" over a theory of legal pluralism, in "Legal pluralism", n.4, p. 29. 14 Ibid., p. 37. 's Hooker, Legal Pluralism. 16 Woodman, "The Idea of Legal Pluralism", p. 5. 11 See K. Balz, "Shari`a andQanun in Egyptian law: a systems theory approach to legal pluralism", in Yearbook of Islamic and Middle Eastern Law, vol. 2 (1995), pp. 37-53, p. 38, n. 9. le F. Halliday, Islam and theMyth ofConfrontation: Religion and Politics in theMiddle East, London 1996, p. 15. '9 Dupret, "Legal pluralism", p. 37.
20 Balz, "Shari`a andQanun", n. 17, pp. 38-39. zl This indeed was among the points raised in conclusion of a workshop discussion on legal pluralism convened at the Summer Academy of the Working Group on Islam and Modernity in Casablanca, September 1999. The group included Balz, Dupret, Laila al-Zwaini and Rudolph Peters (another contributor to this volume). Some of the points made in this review arose in the course of discussions with these and other participants at the summer academy and I duly record my gratitude and state of indebtedness to them and to that forum! zz It is unfortunate that a significant error in Botiveau's article slipped through the editing stage in the form of a note stating that East Jerusalem "remains for the moment under Israeli sovereignty", which of course is not and never has been the case (p. 78 note 1). z3 M. Paradelle, "Legal pluralism and public international law: an analysis based on the International Convention on the Rights of the Child", pp. 97-112. z4 Ben Nefissa, S., "He Haqq al-`Arab: conflict resolution and distinctive features of legal pluralism in contemporary Egypt", 145-157. zs A.S. Hamad, "Legal plurality and legitimation of human rights abuses: a case study of State Council rulings concerning the rights of apostates", pp. 219-228, at p. 219.
zs For example in Arjomand, S.A., "Religious human rights and the principle of legal pluralism", in J. Witte and J. D. van der Vyer (eds.), Religious Human Rights in Global Perspective, The Hague, 1996. 27 N. Nassar, "Legal plurality: reflections on the status of women in Egypt", pp. 191-204, at p. 191. zs A. Stewart, "Should women give up on the State? The African experience", pp. 23-44 in S. M. Rai and G. Lievesley, Women and the State: International Perspectives, Taylor and Francis, 1996, at p. 28. z9 A. Stewart, "Debating gender justice in India", 4 Social and Legal Studies (1995) 253-274 at p. 270. 30 Particular reference might be made to research by the sister projects Women and Law in Southern Africa and Women and Law in Eastern Africa; and to the work of various affiliates of Women Living under Muslim Laws; for an example of this research activity in Pakistan see F. Shaheed, "Engagements of culture, customs and law: women's lives and activism", in F. Shaheed, S.A. Warraich, C. Balchin and A. Gazdar (eds.), Shaping Women's Lives: Laws, Practices and Strategies in Pakistan, Shirket Gah, 1998, pp. 61-79. 3t See H. Barnett, Introduction to FeministJurisprudence, London, 1998, pp. 64-79. 3z Woodman, "Idea of legal pluralism", p. 12, note 5.
33 Compare: N. Shah, "Faislo: the informal settlement system and crimes against women in Sindh", in Shaheed, et al. (eds.), SHaping Women's Lives, n. 30; and "Pakistan: violence against women in the name of honour", Amnesty International, September 1999, pp. 227-252. 34 Shaheed, Shaping Women's Lives, p. 71. 3s Stewart, "Should women give up?", p. 28.
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