Abstract
This paper provides a political analysis of legal pluralism from a "new institutionalist" perspective. In response to question of why states recognize and incorporate non-state normative orderings into their legal systems, it is hypothesized that the decision of incorporation is made to enhance the capacities of postcolonial states with "rational" calculations. In this respect, two new categories of legal pluralism are introduced: capacity-enhancing recognition and capacity-diminishing recognition. The paper lastly assesses the implications of legal pluralism upon the state-society relations and individual rights and liberties of citizens in the case of Israel.
| Original language | English (US) |
|---|---|
| Pages (from-to) | 197-233 |
| Number of pages | 37 |
| Journal | Studies in Law Politics and Society |
| Volume | 32 |
| DOIs | |
| State | Published - 2003 |
| Externally published | Yes |
Fingerprint
ASJC Scopus subject areas
- Law
- Political Science and International Relations
Cite this
A POLITICAL ACCOUNT FOR LEGAL CONFRONTATION BETWEEN STATE AND SOCIETY : THE CASE OF ISRAELI LEGAL PLURALISM. / Sezgin, Yuksel.
In: Studies in Law Politics and Society, Vol. 32, 2003, p. 197-233.Research output: Contribution to journal › Article
}
TY - JOUR
T1 - A POLITICAL ACCOUNT FOR LEGAL CONFRONTATION BETWEEN STATE AND SOCIETY
T2 - THE CASE OF ISRAELI LEGAL PLURALISM
AU - Sezgin, Yuksel
PY - 2003
Y1 - 2003
N2 - This paper provides a political analysis of legal pluralism from a "new institutionalist" perspective. In response to question of why states recognize and incorporate non-state normative orderings into their legal systems, it is hypothesized that the decision of incorporation is made to enhance the capacities of postcolonial states with "rational" calculations. In this respect, two new categories of legal pluralism are introduced: capacity-enhancing recognition and capacity-diminishing recognition. The paper lastly assesses the implications of legal pluralism upon the state-society relations and individual rights and liberties of citizens in the case of Israel.
AB - This paper provides a political analysis of legal pluralism from a "new institutionalist" perspective. In response to question of why states recognize and incorporate non-state normative orderings into their legal systems, it is hypothesized that the decision of incorporation is made to enhance the capacities of postcolonial states with "rational" calculations. In this respect, two new categories of legal pluralism are introduced: capacity-enhancing recognition and capacity-diminishing recognition. The paper lastly assesses the implications of legal pluralism upon the state-society relations and individual rights and liberties of citizens in the case of Israel.
UR - http://www.scopus.com/inward/record.url?scp=34247665588&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=34247665588&partnerID=8YFLogxK
U2 - 10.1016/S1059-4337(03)32006-X
DO - 10.1016/S1059-4337(03)32006-X
M3 - Article
AN - SCOPUS:34247665588
VL - 32
SP - 197
EP - 233
JO - Studies in Law Politics and Society
JF - Studies in Law Politics and Society
SN - 1059-4337
ER -