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Legal Pluralism
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- Words:
- 4258
- Submitted:
- Fri Oct 09 2009
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... I. Introduction The traditional view of law rested on the Western hegemonic assumption that "positive state law is the solution to all differences"1 and that there is only one neutral universal law. However, extensive legal anthropology would suggest that diversity and pluralism in the law has existed since the medieval period2. In the era where multiculturalism, colonisation and migration has made an impact on our social sphere and the respective official governing laws, it only becomes more pertinent that the study of legal pluralism be conducted with regards to different competing normative spheres. Interestingly, the effect of Globalisation, the greater emergence of international and transnational law have postulated the issue which this paper would seek to address - to what extent does globalisation mean harmonization, or even global uniformisation of laws, rather than localization or global pluralism3? II. Legal Pluralism In the broadest definition of legal pluralism, Hooker refers 'to the situation
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