Gender Justice and Legal Pluralities

Latin American and African Perspectives

Edited by Rachel Sieder, John Andrew McNeish

© 2013 – Routledge

248 pages | 6 B/W Illus.

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Paperback: 9781138934856
pub: 2015-08-20
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About the Book

Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.

Reviews

'The detail elaborated in each chapter is enriched by the editors’ excellent 30-page overview, which sets out broader conceptual, historical, and political issues, highlighting salient points from the main contributions.' - Deborah Eade, Independent Writer and Editor, Geneva for Gender & Development

Table of Contents

Gender Justice and Legal Pluralities: Latin American and African Perspectives, Rachel Sieder and John McNeish; 1. Gender, Human rights and legal pluralities: experiences from Southern and Eastern Africa, Anne Hellum; 2. Indigenous women fight for justice: Gender rights and legal pluralism in Mexico, María Teresa Sierra; 3. The gender of law: politics, memory and agency in Mozambican community courts, Bjørn Enge Bertelsen; 4. Sexual Violence and gendered subjectivities: indigenous women’s search for justice in Guatemala, Rachel Sieder; 5. Between sharia and CEDAW in Sudan: Islamist women negotiating gender equity, Liv Tönnessen; 6. Indigenous rights and violent state construction: the struggle of Triqui women in Oaxaca, Natalia De Marinis; 7. Opening the Pandora’s Box: human rights, customary law, and the "communal liberal self" in Tanzania, Natalie J.Bourdon; 8. An Accumulated Rage: legal pluralism and gender justice in Bolivia, John-Andrew McNeish andAna Cecilia Arteaga Böhrt

About the Editors

Rachel Sieder is senior research professor at the Centro de Investigaciones y Educación Superior en Antropología Social (CIESAS) in Mexico City, Visiting Professor at the Chr. Michelsen Institute, Bergen and research fellow at the Institute for the Study of the Americas at the University of London.

John-Andrew McNeish is Associate Professor at the Norwegian University of Life Sciences and Senior Researcher at Chr.Michelsens Institute.

About the Series

Law, Development and Globalization

During the past two decades, a substantial transformation of law and legal institutions in developing and transition countries has taken place. Whether prompted by the policy prescriptions of the so-called Washington consensus, the wave of  democratization, the international human rights movement or the emergence of new social movements, no area of law has been left untouched. This massive transformation is attracting the attention of legal scholars, as well as scholars from other disciplines, such as politics, economics, sociology, anthropology and history. This diversity is valuable because it promotes cross-disciplinary dialogue and cooperation. It is also important because today the study of law cannot ignore the process of globalization, which is multifaceted and thus calls for inter-disciplinary skills and perspectives. Indeed, as globalization deepens, legal institutions at the national level are influenced and shaped by rules, practices and ideas drawn, imposed or borrowed from abroad.

This book series provides a platform for scholars and development practitioners concerned with the nature, scope and impact of the legal changes taking place in developing and transition countries. Proposals for monographs or edited collections are invited in the following areas:

- Theoretical studies that consider issues such as the relationship between law and social change, law and political institutions, the linkages between domestic and international legal regimes and the rights approach to development
- Case studies on topics such as access to justice, land law, legal pluralism, legal systems and institutions, social movements, participation and constitutionalism, corporate social responsibility, international standards and domestic laws, trade and investment and gender and equal opportunity law
- Policy studies that provide practical information and analysis about the design, implementation and evaluation of projects aimed at transforming legal institutions.

To discuss or propose an idea for a book, please contact:
Professor Julio Faundez
e-mail j.faundez@warwick.ac.uk Tel. + 44 (0) 2476 523119.
School of Law, University of Warwick, Coventry CV4 7AL, United Kingdom

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW016000
LAW / Comparative
LAW051000
LAW / International
SOC032000
SOCIAL SCIENCE / Gender Studies
SOC042000
SOCIAL SCIENCE / Developing Countries