Pluralism In Old Societies And New States

This study examines the basis of pluralism within Islam, ASEAN's largest single socio-cultural milieu. It also assesses the professed and actual extent to which pluralism has been engaged in Muslim-majority Indonesia and Malaysia. An overview of pluralist trends and prospects within ASEAN against prevailing transitions in East Asia is also presented.

Territorial pluralism is a form of political autonomy designed to accommodate national, ethnic, or linguistic differences within a state. It has the potential to provide for the peaceful, democratic, and just management of difference. But given traditional concerns about state sovereignty, nation-building, and unity, how realistic is it to expect that a state’s authorities will agree to recognize and empower distinct substate communities? Territorial Pluralism answers this question by examining a wide variety of cases, including developing and industrialized states and democratic and authoritarian regimes. Drawing on examples of both success and failure, contributors analyze specific cases to understand the kinds of institutions that emerge in response to demands for territorial pluralism, as well as their political effects. With identity conflicts continuing to have a major impact on politics around the globe, they argue that territorial pluralism remains a legitimate and effective means for managing difference in multinational states.

This volume illustrates both theoretically and empirically the differences between religious diversity and religious pluralism. It highlights how the factual situation of cultural and religious diversity may lead to individual, social and political choices of organized and recognized pluralism. In the process, both individual and collective identities are redefined, incessantly moving along the continuum that ranges from exclusion to inclusion. The book starts by first detailing general issues related to religious pluralism. It makes the case for keeping the empirical, the normative, the regulatory and the interactive dimensions of religious pluralism analytically distinct while recognizing that, in practice, they often overlap. It also underlines the importance of seeking connections between religious pluralism and other pluralisms. Next, the book explores how religious diversity can operate to contribute to legal pluralism and examines the different types of church-state relations: eradication, monopoly, oligopoly and pluralism. The second half of the book features case studies that provide a more specific look at the general issues, from ways to map and assess the religious diversity of a whole country to a comparison between Belgian-French views of religious and philosophical diversity, from religious pluralism in Italy to the shifting approach to ethnic and religious diversity in America, and from a sociological and historical perspective of religious plurality in Japan to an exploration of Brazilian religions, old and new. The transition from religious diversity to religious pluralism is one of the most important challenges that will reshape the role of religion in contemporary society. This book provides readers with insights that will help them better understand and interpret this unprecedented transition.

Taking a critical approach to the concept of ‘religious pluralism’, this book examines the dynamics of religious co-existence in Asia as they are directly addressed by governments, or indirectly managed by groups and individuals. It looks at the quality of relations that emerge in encounters among people of different religious traditions or among people who hold different visions within the same tradition. Chapters focus in particular on the places of everyday religious diversity in Asian societies in order to explore how religious groups have confronted new situations of religious diversity. The book goes on to explore the conditions under which active religious pluralism emerges (or not) from material contexts of diversity.

With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.

Contents Luigi Ferrajoli: Past and Future of the State under Law u Mauro Zamboni: oRechtsstaato: What is it that Swedish development assistance, organisatons oexporto? u Hans Gribnau: Legal Principles and Legislative Instrumentalism u Maria Jose Falcon y Tella: Justified Illegality: The Question of Civil Disobedience u Hideo Sasakura: How should we discuss the Right of Resistance today? u K. Papageorgiou: Nations, persons, rights and responsibilities u M.N.S. Sellers: The Right to Secede u Stephan Kirste: Constitution and Time u Nicholas Aroney: Towards a General Theory of the Formation and Amendment of Federal Constitutions: A Comparative Study u Adriaan Anderson: Prosecuting Crime in a Constitutional State: The Recent South African Experience u Luis Villar-Borda: The Role of the Constitutional Court in the Advance of Law in a Developing Country u Marcela Forero: Colombia: a Multisovereignty State u Samuli Hurri: What of Tomorrow's Citizenship? Universal and Politics in Hannah Arendt and Jurgen Habermas u Marcelo Campos Galuppo: Constitutional Hermeneutics and Pluralism u Francoise Michaut: Pluralism in Law in Robert Cover's Writings u E. A. Huppes-Cluysenaer: Informal Rules do not Exist u Niels F. van Manen: The legal recognition of distinct communities u Peter Koller: Law and Virtue u Carl Lebeck: Coercion, co-ordination and normativity - towards a refined distinction between positive and negative rights u Sheldon Wein: Moral Pluralism and the Rule of Law.