Demonstrating how users of law, who often operate in multi-sited situations, are forced to deal with increasingly complex legal circumstances, this volume focuses on political and social processes through which people appropriate, use and create legal forms in multiple legal settings. It provides new insights into social and political processes through which transnational law is locally appropriated by different actors and presents empirical studies of confrontation, adaptation, vernacularization and hybridization of law due to its transplantation across the borders of national states. The contributors offer insights into modern dynamics of legal change, challenging assumptions about increasing homogeneity in law, with a keen eye for the historical situations in which current legal changes stand.
Table of Contents
Contents: Mobile people, mobile law: an introduction, Franz von Benda-Beckmann, Keebet von Benda-Beckmann and Anne Griffiths; Transborder citizenship: an outcome of legal pluralism within transnational social fields, Nina Glick Schiller; Transnational migration and the re-framing of normative values, Monique Nuijten; 'Global fire': repatriation and reparations from a Rastafari (re)migrants perspective, Werner Zips; McTradition in the new South Africa: commodified custom and rights talk with the Bafokeng and the Bapedi, Barbara Oomen; Democracy in flux: time, mobility and sedentarization of law in Minangkabau, Indonesia, Franz von Benda-Beckmann and Keebet von Benda-Beckmann; Mobile law and globalism: epistemic communities versus community-based innovation in the fisheries sector, Melanie G. Wiber; Contesting decentralization: transitional policy narratives and the emergence of volatile socio-legal configurations in Central Kalimantan, Indonesia, John F. McCarthy; Negotiating water rights in the context of a new political and legal landscape in Zimbabwe, Anne Hellum and Bill Derman; The Americanization of international law, Laura Nader; Human rights and global legal pluralism: reciprocity and disjuncture, Sally E. Merry; Project law - normative orders of bilateral development cooperation and social change: a case study from the German Agency for Technical Co-operation, Markus Weilenmann; School and religious difference: current negotiations within the Swiss immigrant society - viewed in a comparative perspective, Joanna Pfaff-Czarnecka; Localizing the global: rights of participation in the Scottish Children's Hearings System, Anne Griffiths and Randy F. Kandel; Mobility versus law, mobility in the law? Judges in Europe are confronted with the thorny question 'which law applies to litigants of migrant origin?' , Marie-Claire Foblets; Index.
Franz von Benda-Beckmann and Keebet von Benda-Beckmann are both Professors and Project Directors at Legal Pluralism, Max Planck Institute for Social Anthropology, Germany. Dr Anne Griffiths is Reader in Law for the School of Law at the University of Edinburgh, UK.
'Anthropologists, lawyers, sociolegal scholars and human rights advocates will find here highly current projects on the new conflicts, idioms, purposes, institutions, partnerships and risks emergent from the ground-level effects of globalization, as these are registered through law. Thematically, regionally and methodologically varied, the essays - together with the editors' critical synthesis of the field - yield a thoughtful provocation toward a new legal anthropology.' Carol Greenhouse, Princeton University, USA '...the focus is commendable...the essays are well-written and represent the results of extensive field research.' The Law and Politics Book Review