Eberhard (2001) Towards an Intercultural Legal Theory

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Towards an Intercultural Legal Theory - The Dialogical Challenge

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CONTRIBUTORS:

Author:

Eberhard, Christoph (Facultés Universitaires Saint-Louis)

JOURNAL:

Social & legal studies: An international journal., 10(2), 171 - 201.

YEAR:

2001

PUB TYPE:

Journal Article

SUBJECT(S):

Legal theory, legal anthropology, intercultural approach to Law, legal culture, comparative law, legal pluralism

DISCIPLINE:

Law

HTTP:

http://sls.sagepub.com/cgi/content/abstract/10/2/171

LANGUAGE:

English

PUB ID:

103-419-045 (Last edited on 2005/08/18 05:01:02 GMT-6)

SPONSOR(S):

ABSTRACT:
The aim of the article is to present to a predominantly Anglophone audience current work in French/Quebecois legal anthropology. This work attempts to build an epistemology for an intercultural legal theory and is opening up a dialogical approach to Law, which goes beyond the mere project of an intercultural legal theory. In order to do so, the article presents the LAJP's (Laboratory of Legal Anthropology of Paris) move towards a non-ethnocentric science of Law followed by a presentation of Panikkar's and Vachon's contributions on the 'dialogical method' which clarify the epistemological foundations of a pluralist approach to Law and lead to a presentation of Etienne Le Roy's theory of 'multilegalism' [multijuridisme]. The whole approach and its relevance are then illustrated through examples on the local, national and global planes in the fields of youth justice, French legal cooperation, land law and human rights and international penal law.

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