CRI215H1 Lecture Notes - Lecture 4: Misdemeanor, Cadwallader Colden, Legal Positivism
17 Dec 2017
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Legal pluralism is generally defined as a situation in which 2 or more legal systems coexist in the same social field. Took the idea of the social field from sally folke moore. Social science version: analytical; 2+ legal orders in one social field. Recognises there are different communities within the social field. Juristic version: descriptive; refers to colonial legal order in which the state sanctioned plural regimes applicable to individuals on the basis of their identity group. Muslim families, christian families have different governing system that is sanctioned by the state. Merry argues there are 2 legal pluralism: classic vs new. Classic: used to describe indigenous-colonial/settler legal orders in colonial or post-colonial societies. New: pluralism applicable to all societies, with or without colonial pasts. Merry said new legal pluralisms exists in the third world, while classic remains in first world.
