AP/SOSC 3376 3.00

Legal Pluralism

This course introduces students to theories and methodological approaches to study the different types of interactions between multiple normative orders. It also seeks to familiarize students with contemporary debates in socio-legal studies around legal pluralism. The course will draw on a series of thematic case studies in Canada and beyond to illustrate these theoretical discussions.

The first part of the course introduces students to early and more contemporary theoretical works in legal anthropology and socio-legal studies related to legal pluralism. The second part of the course will draw on a series of thematic case studies to illustrate these theoretical discussions, and to think about different types of normative orders, their interactions and overlaps, and the extent to which the sovereign state plays a role in regulating these interactions. While state law can interact with other normative orders, students will also be invited to think about the pluralism of state law, where civil, common, religious and customary law can apply in one jurisdiction.

The course draws on case studies within and beyond Canada. These case studies could include the exploration of the Tokyo Tuna court, the orthodox Jewish diamond traders, the burning man festival, indigenous justice, family law arbitration, and pluralism in international tribunals and courts. By exploring, comparing and contrasting different cases students will get a better of sense of how theoretical debates around legal pluralism can be helpful to make sense of the complexities of norms weaved through the everyday.