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Writer's pictureLegal Chronicle

LEGAL PLURALISM

Updated: Jul 21, 2020



AUTHOR- Khyati


Legal pluralism is the esse of multiple legal systems in one population or geographic area. Plural legal systems are concretely prevalent in former colonies, where the law of a former colonial ascendancy may subsist alongside more traditional legal systems. Example of its working is that certain issues such as commercial transactions would be covered by colonial law, and other issues like family and espousement would be covered by traditional law.

The conception of legal pluralism immediately confronts with a conceptual quandary. There are two main difficulties in understanding it.

First is legal pluralism is a concept in its infancy and it requires to be developed. It hasn't yet been systematically or plenarily developed by legal theorists. This all designates we have some inconsistencies and incoherence in the perspective of the concepts naturally, but they all can be surmounted.

The second quandary is the legal pluralism is an anomaly, a concept that is developed against an existent concept of law.

There is cognition between licit and convivial in licit pluralism which is highly equivocal, virtually paradoxical, and separate but inter wined, autonomous but interdependent, closed but open.

Legal pluralism designates both at the same time convivial or social norms and legal rules, law and society, formal and informal law, and rule oriented and spontaneous.

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