Legal Puralism Essay

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Legal Puralism Every society is legally plural, whether or not it has a colonial past. For instance the Indigenous law among tribal and village people in colonized societies in Africa, Asia and the Pacific were there in spite of the colonial presence . Social Scientist primarily the anthropologists were concerned as to how these people maintained social order without European Law. That is why the social scientists documented the variety of social control measures, customs,customary laws and also judicial procedures within these small scale societies. These scholars also realized that colonized peoples had both indigenous law and European Law. And the Colonial Law reshaped the social life of these villages and tribes in subtle manner. • Thus the tribal societies had some law developed over the generations and then the formal rational law was imposed by the European Colonial Powers • And this imposed law fostered industrial capitalism rather than an agrarian way of life .It embodied very different principles and procedures. And to some scholars this situation is known as legal pluralism. These scholars recognized the introduction of European colonial law and created a plurality of legal orders .The legal orders that existed in traditional or classical societies are known as classical legal pluralism. Then a new concept evolved ,i.e the legal pluralism particularly to the advanced industrial countries of Europe and the United States known as the New legal pluralism. • New legal pluralism – Plural Normative orders are found in all societies and there is a relationship between the official legal system and the other forms of ordering that connect with but are in some ways separate from and dependent on it. The New legal Pluralism moves away from questions about the effect of law on society or even the effect of society on law and stresses on the idea of a
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