Cargando…
Legal Pluralism in Indonesia : Bridging the Unbridgeable.
With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institu...
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Hoboken :
Taylor and Francis,
2012.
|
| Colección: | Routledge contemporary Southeast Asia series.
|
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Title; Copyright; Dedication; Contents; Acknowledgments; Introduction; The discourse of law and society; Modern legalism and the fact of pluralism in Indonesia; Theoretical approach; Significance and scope of the study; PART I State law versus popular law in historical retrospect; 1 Law and colonialism in Indonesia; European positivism and legal underpinnings of colonialism; The Dutch colonial mode of "lawfare"; Colonial versus popular legal traditions; 2 Pluralism and the ideal of legal nationalism; Law and legal debates in the early process of constitutional law-making.
- The strengthened state law tradition in the midst of legal polycentricism3 A strong regime and state law pluralism; National law philosophy and legal pluralism theory; Continuity and change in the state's recognition of legal pluralism; PART II Conflicts of law as a result of pluralism and the state's attempt at resolution; 4 Interpersonal law and the mission of legal uniformity; The colonial legacy of interpersonal law; The demise of intergentiel recht?; The legislative efforts of resolution in private interpersonal law.
- 5 Resolution of interpersonal cases in the courts: the work of national legal postulatesInterfaith marriage; Interfaith inheritance; Gendered inheritance; Theoretical reflections; Differences in the logic of law-making and methods of rapprochement; Substantive conflicts of law and their more subtle resolutions; Lessons for the future; Notes; Bibliography; Legislation, cases and other materials; Index.