Thesis
Revisiting Legal Pluralism: a comparative, socio-legal appraisal of the role of courts in the diffusion of innovative legal hybrids
- Creator
- Rights statement
- Awarding institution
- University of Strathclyde
- Date of award
- 2025
- Thesis identifier
- T17461
- Person Identifier (Local)
- 202184336
- Qualification Level
- Qualification Name
- Department, School or Faculty
- Abstract
- This thesis investigates the agency of courts in countries with settler colonial pasts in the diffusion of innovative legal hybrids, such as rights of Nature. It takes a comparative, socio-legal perspective, appraising how courts (1) foster pragmatic compromises between the forms of social ordering of locals and settlers, and (2) contribute to decolonising jurisprudence. From a theoretical perspective, this thesis dissects conflicting theoretical and empirical approaches to legal pluralism. Its methodology engages with the spread of legal norms through inter-judicial exchanges across jurisdictions. It argues that the internal pluralism in jurisdictions impacted by colonisation has led to innovative legal solutions, based on the creative combination of conflicting legal traditions engaging in ‘legal ecumenism’ (de Sousa Santos).1 This concept reflects the aspiration for a mutual acknowledgement and capacity to concede on each other’s ways of arranging society. Based on this framework, it discusses and draws conclusions on the specific circumstances under which courts in those jurisdictions have been capable (1) to take inspiration from innovative legal solutions devised in other jurisdictions, and (2) articulate solutions that promote such legal ecumenism
- Advisor / supervisor
- Cardesa Salzmann, Antonio
- Resource Type
- DOI
Relations
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PDF of thesis T17461 | 2025-11-05 | Public | Download |