国际法律多元委员会将在昆明举办法律人类学的短期课程

An International Course on Social Justice for the Poor and Weak, through the perspectives of Legal Pluralism and Socio-Legal Studies

10-19 July, 2008, Kunming, China

Overview

In July 2008 the International Commission of Legal Pluralism will organize a course in Kunming, China, about theories, knowledge and methodologies of socio-legal studies and legal pluralism. The purpose of the 4-day course is to familiarize the participants with the current international debates and insights in socio-legal studies and legal pluralism and to offer them a comparative perspective that allows them to rethink their own research and practical work. At the centre of the discussion will be issues of rights protection, gender, natural resource management and land tenure, conflict resolution in the context of globalising economic, political and legal developments. These issues converge in the theme of social justice for the poor and weak.

            Participation is limited to 25 persons, to allow for maximum discussion. A balanced participation is sought which includes a strong presence from China (about 10), but also attracts young scholars from the region (5), other developing countries (3) and a limited number from western countries (3). The participants are academics and/or practitioners, e.g. NGO activists or government officials, who deal with issues related to social justice in their academic or practical work. During this intensive training the Chinese participants will be able to build a national and international network both with other participants and with the teaching staff. As in past courses (held amongst others in Wellington (New Zealand), Accra (Ghana), Williamsburg (USA), Moscow (Russia), Chiang Mai (Thailand) and Fredericton (Canada)) the teaching teams will consist of senior academics of various backgrounds drawn from the Commission and of colleagues from the region, in this case from China.  The course is followed by an international conference on organized as part of the bi-annual meeting of the International Union of Anthropological and Ethnographical Sciences. The conference covers the same topics and themes as the course. Students will be given the opportunity to present their work and directly engage with leading scholars and practitioners in their fields, allowing them to become part of a regional and international network.

Proposed topics for the course are:

1. Theories and methodologies in socio-legal studies and legal pluralism

This session provides a sketch into the development of one of the most interesting and controversial concepts on sociology of law and legal theory, legal pluralism. It will be showed that the importance of this term lies rather in its empirical power.

2. Dispute resolution and social control

The course introduces the legal anthropology of disputing and social control in plural legal settings and draws attention to ongoing processes of disputing and social control in a global or transnational environment.

3.      Gendered perspectives on law

In this session attention will be paid to the gendered dimensions of law, its impact on women’s and men’s access to resources, including legal institutions. It will be discussed, how gender is socially and legally constructed and the consequences that this has for people’s access rights.

4. Natural resources management  

In most countries, the access-rules to natural resources as well as the corresponding rights of disposal are subject of different normative sets, which might influence each other or which might stay in a permanent competition for social recognition and public legitimacy.

5. Field trip: (half-day)

6. Disaster management and conflict research

This session provides inside into the legal mechanisms that are structuring the development political procedures for coping with human and natural disasters. These mechanisms, known under the term “project law”, largely determine the ways development agencies identify and administer those “problems” for which a specific solution is sought. In the countries of intervention however, these solutions might then clash with local customary law, religious law or the state law prevailing there.

7. Law and religion

Religion in many countries is an important element of legal pluralism. This session will explore the role of religion and religious law in the emergence of conflicts and its potential role in conflict management. The session will also discuss religion as a globalising factor wich has specific local manifestations.

8. Justice and Closing Session

Until now, the question of justice has been largely left to the political and legal philosophy of (the rule of) law and the state. Within the legal anthropological debate however, considerations on ethical questions such as justice play almost no role. This session opens the floor for a debate on “just law”.

Selection, Fee, and Funding

Prospective students should be either young scholars studying for a PhD degree or having just finished one, or they should be practitioners whose work is directly related to issues to be discussed in the course. Students should be able to demonstrate an English language ability that allows them to read and actively discuss relevant academic literature. Students will be selected based on their motivation to join the course.  Such selection will also be based on a balanced regional participation as outlined above.

                     The course fee is 100 USD and the conference fee, following the course, is 150 USD. Other costs include accommodation, food and beverages, which will be arranged at prices as low as possible. The course organizers are currently working on securing funding for the  non-Western participants. It is hoped that in this way, most of the costs they have can be covered by the organization. However as such funding is not yet certain prospective participants are encouraged to also seek their own funding.

Application, Contact and More Information

Scholars and practitioners interested in and qualified to partake in this course are warmly welcomed to apply. The application should include a motivation letter, a resume, information about the level of English, and an abstract of a paper to be presented at the conference, as well as a choice of panel. More information about the panels in the conference is attached to this message. Applications are to be sent to Janine Ubink: j.m.ubink@law.leidenuniv.nl  .

                     For more information on the Commission of Legal Pluralism and past courses and conferences visit: http://www.commission-on-legal-pluralism.ch/ . For more information about the conference in Kunming visit: http://www.icaes2008.org/ .