Relational Social Theories and Legal Pluralism

Bibliographic Data

ID7517399
AuthorsKeebet von Benda-Beckman (corresponding author)
Year2021
Volume1
Issue1
Publication date2021-10-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueThe Indonesian Journal of Socio-Legal Studies (JOURNAL)
Journal identifiersISSN: 2808-2591 • E-ISSN: 2808-2591
PublisherThe Indonesian Journal of Socio-Legal Studies (PUBLISHER)
DOI10.54828/ijsls.2021v1n1.2
OpenAlexW3195154561
LanguageEN
Citations received11

Recent sociological, anthropological, and psychological research points at a shared problem: Are humans separate and autonomous entities, or must they be seen through the lens of extended, permeable, fractured notions of personhood? This paper discusses some crucial implications for the study of law and legal pluralism. Legal orders may differ in the degrees to which personhood is taken as embedded. At the same time, notions of personhood may also be more or less bounded, with particular fields within legal orders also espousing different degrees of personal autonomy. That depends on how political preferences shape specific issues at the time legislation is enacted. All this has implications for conceptualizing and studying legal pluralism. Examples from Indonesia, Thailand, and the Netherlands bring to light some thorny issues that arise when personhood is viewed through the lens of more or less autonomy and social embeddedness. The examples suggest that a relational approach that accounts for varying degrees to which persons are perceived as extended beings deepens the analysis of plural legal orders

Autonomy · Embeddedness · Epistemology · Law and economics · Legal pluralism · Legal profession · Legal realism · Legislation · Personhood · Plural · Pluralism (philosophy · Political science · Politics · Social science · Sociology · Judicial and Constitutional Studies · Law · Law in Society and Culture · Multicultural Socio-Legal Studies · Philosophy

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