Introduction: Gender Justice & Legal Pluralities – Latin American & African Perspectives

Portada del libroThe conceptual and methodological framework set out in this introductory chapter emphasizes the fluid, multilayered and transnational nature of legal pluralities (contrasting with more legalistic approaches which understand legal pluralism as the coexistence of different fixed legal orders within a single nation-state). We privilege both women and men’s agency and perceptions, underlining the importance of local, grounded understandings. We also place an emphasis on the role that structure and long-run historical processes play in shaping constellations of legal pluralities and governance, and current prospects for positive change. A dual focus on legal pluralities and governance also helps us to critically consider the nature and effect of different development interventions aimed at improving gender justice. Rather than asking whether legal pluralities are “good” or “bad” for women –a normative stance which we find unhelpful- we understand legal pluralities as a social fact and seek to analyze how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts.

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(2012) with John-Andrew McNeish, “Introduction: Gender Justice and Legal Pluralities – Latin American and African Perspectives,” in Gender Justice and Legal Pluralities: Latin American and African Perspectives, ed. with John-Andrew McNeish, Routledge-Cavendish: New York.

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