2013Unpublished venueRequires access

Legal pluralism and the place of Syariah courts in the Malaysian legal system

Farid Sufian Shuaib

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Abstract

Legal monism namely idea that there must be one centralised legal system in a state has captivated legal discourse in West. The followers of this legal thinking in this part of world have rehashed same world view which believes that parallel legal orders would produce uncertainty, inequality and injustice. We could relate such a view with globalisation where sometime the claimed superiority of Western models of law could lead to some group in West becoming what H. Patrick Glenn term as fundamentalists, namely groups that elevate one truth, or one tradition, to exclusive status, and seek to impose it

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Legal monism namely idea that there must be one centralised legal system in a state has captivated legal discourse in West. The followers of this legal thinking in this part of world have rehashed same world view which believes that parallel legal orders would produce uncertainty, inequality and injustice. We could relate such a view with globalisation where sometime the claimed superiority of Western models of law could lead to some group in West becoming what H. Patrick Glenn term as fundamentalists, namely groups that elevate one truth, or one tradition, to exclusive status, and seek to impose it

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Available abstract

Legal monism namely idea that there must be one centralised legal system in a state has captivated legal discourse in West. The followers of this legal thinking in this part of world have rehashed same world view which believes that parallel legal orders would produce uncertainty, inequality and injustice. We could relate such a view with globalisation where sometime the claimed superiority of Western models of law could lead to some group in West becoming what H. Patrick Glenn term as fundamentalists, namely groups that elevate one truth, or one tradition, to exclusive status, and seek to impose it

Key concepts: Legal pluralism, Injustice, Legal realism, Monism, Law, Legal formalism, Political science, Empirical legal studies

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