A POLITICAL ACCOUNT FOR LEGAL CONFRONTATION BETWEEN STATE AND SOCIETY: THE CASE OF ISRAELI LEGAL PLURALISM

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2 Scopus citations

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 languageEnglish (US)
Title of host publicationStudies in Law Politics and Society
PublisherJAI Press
Pages197-233
Number of pages37
ISBN (Print)0762310979, 9780762310975
DOIs
StatePublished - 2003
Externally publishedYes

Publication series

NameStudies in Law Politics and Society
Volume32
ISSN (Print)1059-4337

ASJC Scopus subject areas

  • Sociology and Political Science
  • Political Science and International Relations
  • Law

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