Abstract

Abstract Legal pluralism has vast policy and governance implications. Non-state justice systems often handle most disputes and retain substantial autonomy. However, the importance of legal pluralism is underappreciated. This chapter advances understanding of legal pluralism theoretically and empirically. It proposes a new framework for conceptualizing legal pluralism through four distinct archetypes—combative, competitive, cooperative, and complementary—to help clarify the range of relationships between state and non-state actors. It posits five main strategies used in attempts to influence the relationship between state and non-state justice: bridging, harmonization, incorporation, subsidization, and repression. As post-conflict situations are fluid and can feature a wide range of relationships between state and non-state actors, they are particularly instructive for showing how legal pluralism archetypes can be shifted over time. Establishing the rule of law is a prolonged, highly contingent process. Still, well-informed strategies can significantly bolster domestic and international initiatives and minimize the risk of missteps.

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