Rules of Law and Laws of Ruling: On the Governance of Law

1st Edition

Franz von Benda-Beckmann, Keebet von Benda-Beckmann

Routledge
Published September 9, 2016
Reference - 302 Pages
ISBN 9781138246201 - CAT# Y312553
Series: Law, Justice and Power

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Summary

Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

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