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Legal Pluralism in Central Asia: Local Jurisdiction and Customary Practices: Central Asian Studies

Autor Mahabat Sadyrbek
en Limba Engleză Hardback – 11 ian 2018
Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan’s predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people’s deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.
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Specificații

ISBN-13: 9781138551763
ISBN-10: 1138551767
Pagini: 250
Ilustrații: 1 Line drawings, black and white; 22 Halftones, black and white; 23 Illustrations, black and white
Dimensiuni: 156 x 234 x 23 mm
Greutate: 0.52 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Central Asian Studies

Locul publicării:Oxford, United Kingdom

Cuprins

PART ONE Chapter 1: Introduction, Chapter 2: Legal Pluralism in Kyrgyzstan, Chapter 3: Social Structure and Agency, PART TWO Chapter 4: Concept of Apology and Forgiveness, Chapter 5: Mediation and Negotiation , Chapter 6: Making Amends and Kun-Giving PART THREE Chapter 7: The State as the Main Form of Ordering , Chapter 8: Eldik sot – People’s Law, Chapter 9: Islam as a Reference, CONCLUSION

Notă biografică

Mahabat Sadyrbek is a research fellow at the Max Planck Institute for Social Anthropology in Halle (Saale), Germany.

Descriere

The process of “modernization” in Central Asian countries tends to be viewed as a process of moving away from “outdated approaches”, with most scholars focusing on what needs to be done to “modernize”, with traditional approaches not being taken very seriously. This book, on the contrary, based on extensive original research in Kyrgyzstan, examines customary legal practices and relates them to wider societal developments in Central Asia and further afield. It examines how a range of problems including violence, accidents and crimes are dealt with and redress, including punishment and compensation, provided. Overall, the book demonstrates that there is a spectrum of approaches, which can be labelled “legal pluralism”; and that traditional approaches are highly effective and by no means redundant.