Legal pluralism is a concept developed by legal sociologists and social
anthropologists "to describe multiple layers of law, usually with
different sources of legitimacy, that exist within a single state or
society".[71] It is also defined "as a situation in which two or more legal systems coexist in the same social field".[72]
Legal pluralists define law broadly to include not only the system of
courts and judges backed by the coercive power of the state, but also
the "non-legal forms of normative ordering".[73]
Legal pluralism consists of many different methodological approaches
and as a concept, it embraces "diverse and often contested perspectives
on law, ranging from the recognition of different legal orders within
the nation-state, to a more far reaching and open-ended concept of law
that does not necessarily depend on state recognition for validity. This
latter concept of law may come into being whenever two or more legal
systems exist in the same social field".
Legal pluralism has occupied a central position in socio-legal theorising from the very beginning of the sociology of law. The sociological theories of Eugen Ehrlich and Georges Gurvitch were early sociological contributions to legal pluralism. It has, moreover, provided the most enduring topic of socio-legal debate over many decades within both the sociology of law and legal anthropology.[76] and has received more than its share of criticism from the proponents of the various schools of legal positivism.[77] The critics often ask: "How is law distinguished in a pluralist view from other normative systems? What makes a social rule system legal?".[78]
Legal pluralism has occupied a central position in socio-legal theorising from the very beginning of the sociology of law. The sociological theories of Eugen Ehrlich and Georges Gurvitch were early sociological contributions to legal pluralism. It has, moreover, provided the most enduring topic of socio-legal debate over many decades within both the sociology of law and legal anthropology.[76] and has received more than its share of criticism from the proponents of the various schools of legal positivism.[77] The critics often ask: "How is law distinguished in a pluralist view from other normative systems? What makes a social rule system legal?".[78]
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