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.
'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
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
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.