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Justice in Many Rooms Since Galanter: De-Romanticizing Legal Pluralism Through Cultural Defense

Item

Title

Justice in Many Rooms Since Galanter: De-Romanticizing Legal Pluralism Through Cultural Defense

Creator

Date

2008

Volume

71

Bibliographic Citation

71 Law & Contemporary Problems 139 (2008)

Abstract

Marc Galanter's article, 'Justice in Many Rooms' (1981) was prescient in recognizing that nonstate law was not necessarily kinder and gentler than state law. While many writing in the 1970s and 80s celebrated nonstate law as more egalitarian and less coercive than state law, Galanter held back. Post-1980s critiques of the cultural defense, particularly by Asian American feminist lawyers, have also contributed to a shift in the scholarly perception of nonstate law. In the spirit of Galanter's piece, the cultural defense debate should be read not just as a discussion about multicultural tolerance, but also as an integral part of the legal pluralism literature.

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Keywords

legal pluralism
cultural defense
customary law
multiculturalism
immigration
legal anthropology categories
Asian Law