Phenomenon Of Pluralism Research Articles

Navigating the Legal Uncertainty and Informality in Authoritarian Regimes: Legal Culture, Governance and Business Environment in Uzbekistan

Abstract Academic debates on law and society relations in authoritarian regimes continue to revolve around issues of the dysfunctional legal system, corruption and informality, clientelistic legal culture, and how the authoritarian regimes in this region deploy law as a means for suppressing dissent. However, in this article, we argue that the legal landscape of authoritarian regimes should not be viewed from the “black-and-white” perspective. Rather, there is a need for a comprehensive account of how the state law and non-state forms of normative ordering engage in mutually transforming interactions and thereby shape the legal landscape of authoritarian regimes. By examining the law as a social field and legally plural phenomenon, our aim in this paper is to contribute, both empirically and theoretically, to scholarly debates on the role of law in authoritarian regimes by showing that the law is not merely a tool of authoritarian control and repression but various social groups and actors can also harness it for their own purposes depending on the context, time, location, opportunity and situation. These processes will be investigated by presenting ethnographic case studies from Uzbekistan, an archetypal authoritarian regime in Central Asia.

Treatment-seeking behavior for malaria among communities in Indonesia: A systematic review.

Indonesia stands as one of the nine malaria-endemic countries in Southeast Asia with a total of 443,530 cases in 2022. Eastern Indonesia is listed as an area with high malaria endemicity and the Indonesian government has set a target of eliminating malaria by 2030. From 2010 to 2014, the number of malaria cases decreased but stagnated until 2020 and have continued to increase. Stagnation may occur as a result of many non-medical treatment-seeking behaviors. The aim of this systematic review was to provide a summary and overview of malaria treatment-seeking behavior among communities in several regions in Indonesia. The searches were conducted through four databases (Cochrane, PubMed, Google Scholar, and ScienceDirect) using medical subject headings (MeSH) "treatment-seeking behavior" OR "health-seeking behavior" AND "malaria" AND "Indonesia". This systematic review was limited to studies conducted in Indonesia that were published between 2013 and 2023 using either a quantitative or qualitative approach. Out of 2831 studies, a total of thirteen studies were included. The pattern of seeking malaria treatment varied between doing nothing or no action, self-treatment (purchasing drugs at pharmacies and consuming leftover medicines), traditional medicine, and medical treatment (public health facilities or malaria control clinics). Those behaviors are attributed to education level, socioeconomic level, occupation, distance from home to health facilities, geographical conditions, and people's perceptions of malaria and antimalarial medicines. There is still a range of malaria treatment-seeking behavior outside of recommended medical treatment in communities in several regions in Indonesia. The phenomenon of medical pluralism and syncretism requires approaches from various sectors in order to achieve a malaria-free Indonesia by 2030.

ANALISIS MASLAHAH DALAM MEMBANGUN HARMONISASI PLURALISME HUKUM PADA MASYARAKAT MAJEMUK

This research examines the phenomenon of legal pluralism in the context of plural societies, where ethnic, religious and cultural diversity pose challenges and opportunities in the application of diverse legal systems, including customary law, religious law and national law. Therefore, this study aims to identify and understand the interaction between these legal systems, identify the challenges that arise, and explore harmonisation strategies to support social integration and justice. The methodology used is descriptive-analytic qualitative research based on desk research to understand the dynamics of legal pluralism and use Maslahah theory as an analytical lens. The results showed that the challenges faced by pluralistic societies towards the growing legal pluralism are the birth of conflicts between norms, access to justice, and the need for legal reform. The efforts needed to achieve harmonisation of legal pluralism are by conducting dialogue between stakeholders, inclusive legal education, and adaptation to social change. The Maslahah analytical framework provides an essential perspective in evaluating harmonisation efforts, with a focus on creating social welfare and preventing harm. This research contributes to the legal literature by providing insights into how plural societies can overcome the challenges of legal pluralism and create a legal system that is fair, inclusive and responsive to the diversity of society.

Dispute Resolution Methods, Fundamental or Human Rights and Legal Pluralism

The analysis of modern political-institutional systems, democratic-constitutional of a liberal mold, if it clarifies the reasons for the presence and diffusion of dispute resolution methods (state awards), of fundamental and human rights (general) attributable to the new elites of power and government, therefore to the bourgeois class, in the context of a monistic and statistic conception of legal systems, then does not explain the reasons for the diffusion and progressive multiplication of alternative methods of resolving disputes, such as fundamental or human rights in more recent eras. It is therefore necessary to analyze the processes of change that have affected the State, the law, the judicial systems, therefore the fundamental and human rights and the methods of resolving disputes in the light of the phenomenon of legal pluralism.

Hukuki Çoğulculuk Teorileri ve İslam Hukukundaki Yeri

The concept of "legal pluralism," which emerged as a practice during the Imperial periods in the past, is being widely debated as a critical notion in our current postmodern era. Legal pluralism contradicts the centralized view of law. Therefore, the phenomenon of legal pluralism has been at the center of legal debates in democratic societies due to its undeniable relationship with the concept of democracy. In this article, we will delve deep into the concept of legal pluralism and attempt to trace its evolution throughout history. Additionally, we will refer to in-depth discussions among scholars regarding the position of legal pluralism in Islamic law and the ideas surrounding Islamic jurisprudence.

Echo Construction and Ad hoc Categories: Semantics of Group Reference in Magahi

Recent studies in the domain of heterogeneous plural indicate homogeneous and heterogeneous categories as two separate functional mechanisms. Given the strategic usage of language, the paper locates the pluralizing strategies in speech context and investigates their interpretive nature from the perspective of (non)/restrictive parametric features of categories like associative (APL), similative (SPL) and definite plural in Magahi (ISO639-2 mag), an Indo-Aryan language. Focusing on variables within members of the ad hoc set over the speech act variables like context, intersubjectivity, and culture, the paper endeavours to perceive pluralizing as a strategic approach that extends beyond the realm of mere a number reference. It closely observes the phenomenon of homogeneous and heterogeneous plurality and makes the following claims: (a) echo construction functions as heterogeneous plural in Magahi, (b) the heterogeneous plural falls within the parametric feature of nominal plurality, (c) there is heterogeneity in the homogeneous sets, thus, pluralizing is beyond plural, (d) SPL and APL are two categories because of their interpretational differences and not because of operational, and (e) APLs can have describable references.

The Symbolic Meaning of Marriage Taboo in Purbalingga and Banyumas Villages

The marriage taboo in the rural community of Purbalingga and Banyumas illustrates the phenomenon of socio-cultural plurality which is based on socio-political legitimacy. The emergence of marriage taboos is caused by social conflicts as the manifestation of incest marriage, social rivalry, and legitimacy battle. In those conflicts, the communities of Onje, Banjaranyar, and Raden Kaligenteng are the troublemakers. In addition, the communities of Sambeng Kulon, Sambeng Wetan, Jompo Kulon, and Jompo Wetan can also be categorized as the troublemakers since they are involved in the internal conflict which made them separated into parts. Those marriage taboos indicate something that can be understood as the shift of cosmos into chaos. The chaotic situation, however, is more dominant because the shift has not resulted in a new cosmos so that it is always in the liminal or threshold position. The position can be explained clearly in terms of relative binary opposition featuring a third party which takes the liminal position.

Christianity in the Modern World: A Study of Religion in a Pluralistic Society

The modern world finds itself pervaded by the phenomenon of pluralism, which presents itself in many different embodiments. The thesis of this book is that the plethora of religious and ideological claims present in global society necessitates that dialogue takes place among the various stakeholders in order to emerge with a set of ethics shared globally for the purpose of mutual responsibility. To that end, dialogue aims to facilitate a peaceable co-existence between monotheistic and polytheistic religions, various ideologies and cultures, and religious and secular spheres of society, all of which have the potential to contribute to this global conversation and endeavour. In the final analysis, pluralism is no longer to be construed as an epistemological dilemma, but rather, an agent for the preservation and sustenance of the human societal order.

Mukalma Bainal Mazahib ki Jihat: Mustafavi Manhaj Arab ke Yahud o Nasara se Tahamul ki Roshni Main

Islam is the religion of peace and coherence revealed to the Prophet Muhammad (peace be upon him) as a true guidance and mercy for the mankind. As the Prophet preached the message of Islam in Arabia, which later on spread in almost all the continents, Muslims interacted with the adherents of different religions, cultures, civilizations, ethnicities and creeds. When the Prophet migrated to Madina; he had interacted there with the Jews of Madinah and later on with the Christians of Arabia. These encounters and models include the migration, battles, treaties and dialogues within and without. In human history, the cultures and civilizations are compelled to relate to one another on a continuous and constant basis. Although the move towards inter-religious dialogue was first started within a Protestant branch of the Christian church, and the idea of interfaith dialogue is relatively modern but some of its instances could be traced back to the history of Islam as well. The main theme of this study and research will focus on the Prophetic approach and methodology towards dialogue. The researcher will try to seek the answers of the issues of today’s world which are being faced by the world in general and the Muslim Ummah in particular related to interfaith dialogue. The study will sort out the guidelines which could be found in the Life of the Prophet and the attitude and Hikmah (wisdom) of the Prophet towards dialogue seeking a Prophetic approach for the contemporary phenomenon of cultural and civilisational pluralism.

Political pluralism as a factor in the development of modern society and state

This paper presents the results of a study devoted to the legal phenomenon of political pluralism as a factor in the development of modern society and the state by the example of classical democratic countries. At the same time, attention is focused on such components of political pluralism as formalization of freedom of speech and assembly; a multi-party system, as well as a mechanism for coordinating the interests of various social groups at the parliamentary level. It was found that the most acceptable is the model operating in the FRG, since it allows people to find a balance between guarantees of political diversity, such as freedom of speech and the right to public events. The interaction between civil society institutions and parliamentarians is especially advisable when making decisions in the domestic and foreign policy of the state.

Pluralism and diversity from the Islamic perspective Pluralism and diversity from the Islamic perspective

هدف هذا البحث إلى توضيح ظاهرة التعدد والتنوع من مختلف جوانبها مع التركيز على موقف الإسلام من التعدد والتنوع بأنواعها وأقسامها المختلفة، كما سعى البحث إلى تناول التعدد الديني والتعدد السياسي، والتعدد الثقافي، والتعدد الاقتصادي وموقف الإسلام ونظرته له، وتقوم الدراسة على المنهج الوصفي التحليلي الذي يسلط الضوء على التعددية والتنوع من منظور إسلامي، ومن خلال المنهج الوصفي التحليلي ستقدم الدراسة وصفاً وتحليلاً للتعدد والتنوع في الفكر والثقافة من منطبق الفكر الإسلامي. وقد توصل البحث إلى النتائج الآتية: - إن التعددية الدينية أو نظرة الإسلام للتعدد بشكل عام تعتبر الحل الأمثل لمشكلة الصراع الديني في العالم وللتعايش السلمي بين الأديان المختلفة. - يعتبر التعدد في المجتمع الإسلامي خير دليل على سماحة الإسلام واعترافه بأن الاختلاف طبيعة كونية. - يأخذ الإسلام بالتعددية السياسية شريطة انضباطها في إطار الالتزام بسيادة الشريعة وعدم الخروج على أصولها الثابتة. - يقوم الاقتصاد الإسلامي على أمور يفتقدها غيره من الأنظمة الأخرى، فهو يجمع بين الملكية الخاصة والعامة في وقت واحد على اعتبار أن كلا منهما أصل ولكل منها أهدافه ومصادره بشرط أن تكون مشروعة، - تعبّر التعددية الاقتصادية عن وجود أكثر من نظام اقتصادي في البلد الواحد، وقد عنيت الشريعة الإسلامية بالجانب الاقتصادي.

Exploring the influence of channel leadership style on channel commitment in a franchising context

Purpose This paper aims to explore franchisor–franchisee relationships in the context of plural forms. Plural forms implies the co-existence of franchised and non-franchised outlets of a given company. More specifically, the paper examines the impact of franchisors’ leadership styles on franchisees’ relationship commitment when the company franchised outlets co-exist with independent non-franchised outlets. Specifically, this study operationalize the plural forms phenomenon in franchising, using multi-channel complexity as a moderator. The mediating role of relational capital is also examined. Design/methodology/approach Data were collected from 254 franchisees. The hypothesized model was tested using partial least squares structural equation modeling (PLS-SEM). Findings The results indicate that all three – participative, supportive and directive leadership styles of franchisors increase relationship commitment. In a high channel complexity context, a supportive leadership style is the most effective, whereas, in a low channel complexity context, a participative style is the most effective. Relational capital also partially mediated the relationships between leadership styles and relationship commitment. Practical implications Franchisors should follow a participative leadership style when channel complexity is low. However, as they add new channels and the channel complexity increases, franchisors should shift toward a supportive leadership style to maintain existing franchisees’ commitment. In current environments, managers should avoid using directive leadership in favor of the other two leadership styles. Originality/value The present study is the first to examine the influence of channel leadership style on relationship commitment in an environment of multiple channel complexity.

Forest Cover Change and Legal Pluralism in Forest Management: A Review and Evidence from West Sumatra, Indonesia

This study analyzed the functions of shifting (phenomenon of legal pluralism) and identified forest conversion at Production Forest Management Unit of Dharmasraya (PFMU Dharmasraya), West Sumatra, Indonesia from March 2018 to December 2019 using a qualitative research design with a case study approach. The identification of changes in forest cover analyzed by satellite images using the NDVI method to obtain the distribution of forest cover. Discussion on legal pluralism were examined using a non-ethnographic qualitative research approach through interviews with local communities, companies/permit holders, and related institutions (government). From 2000 to 2019, the PFMU Dharmasraya forest area reduced from 86 to 12%, and plantations increased from 10 to 81% of the total area of 33,539 ha. The legal pluralism of forest ownership occurs because local communities use traditional law, claiming the PFMU Dharmasraya area as Ulayat land. In contrast, the government claims the forest belongs to the state. The motives for the conversion of forest functions are the expansion of oil palm and rubber plantations, forest clearing to mark forest ownership rights, and illegal logging.

The phenomenon of methodological pluralism as a sign of the development of historical science

The purpose of the research is to study the influence of methodological pluralism as a meta-approach on the formation of modern historical science; to examine the role that diverse approaches played in the scientific study of the past; to demonstrate the importance of a multi-vector view of history as an integral part of the study of the past. The relevance of the research: these are interdisciplinary interactions between both socio-humanitarian and natural sciences. The consequence of this is the emergence of the phenomenon of methodological pluralism as the basis of modern historical science. Conclusions: in the process of research we discovered that diverse methodological approaches influence the historical science, which ultimately leads to the emergence of the new directions in historical knowledge.

Normative Pluralism and Multinormativity

The paper deals with the phenomenon of normative pluralism - that of several normative orders coexisting in various spheres of our life - law, morality, politics, etc. It shows the root causes of normative pluralism and the causes of its development and proliferation - both internal (overcoming legal and moral syncretism) and external (globalization and the related growth in the number of regulatory subjects). The authors offer a way of understanding and reconciling norms by building out of potentially conflicting norms a non-contradictory system without any normative collisions.

Paradigm of legal pluralism in the interpretation of legal realism

The research is aimed at studying the concept of legal pluralism, which is currently under formation. Legal science is devepoling a traditional approach to legal pluralism, which originates from anthropological-legal theories, however, it seems that the phenomenon of legal pluralism is complex and multifaceted, which requires a comprehensive analysis of its origins, as well as the study of those socio-legal theories that will reveal its content most fully. The purpose of this study is to identify the importance of the concept of legal realism as a theoretical ground for the formation of ideas about legal pluralism. To achieve the goal of the study were used in a complex of general scientific methods, with the functional approach to the understanding of law, which allows us to identify practically useful properties of law and legal phenomena, which include legal pluralism. In the course of the conducted research, the following results were achieved and the following conclusions were drawn: 1. Legal realism became one of the theoretical foundations for the development of the idea of legal pluralism. In particulary, it was promoted by the anthropological and realistic theory of K. Llewellyn, who together with A. Hobel studied the process of formation of legal rules among Indians through the conflicts arising in the society. 2. It cannot be argued that the realists formulated their approach on the basis of the recognition of the existence, along with the state, of some other law. As practicing lawyers, they built their theories within the framework of positive law, which has such characteristics as formal certainty, authorization by the state, and the provision of state coercion. 3. Both legal realism and legal pluralism have a common philosophical foundation - this is pragmatism. Relying on the ideology of practical utility, proponents of legal realism tried to understand the functional essence of law, to understand the causes of uncertainty of law. 4. K. Llewellyn believed that legal pluralism should be perceived in the process of law enforcement, as well as judicial lawmaking. The existence of the same rule of law in practice can lead to different variations in its implementation. One of the reasons for this is the approach to the interpretation of the rule of law, and the other is the way the rule is formulated in the judicial precedent in the process of judicial lawmaking. In order to unambiguously and definitively apply a rule of law, the judge must reflect all the circumstances of the case in as much detail as possible. This will eliminate legal pluralism and ensure certainty of law.

The Prophetic approach and methodology towards the cultural and civilizational impact on education

The Prophet Muhammad (peace be upon him) preached the message of Islam in Arabia, which later on spread in almost all the continents, Muslims interacted with the adherents of different religions and civilizations. There are many instances and models from the life of the Prophet which guides us to understand the prophetic approach and methodology towards education and character building. These encounters and models include the migration, battles, treaties and dialogues within and without. In human history, the cultures and civilizations are compelled to relate to one another on a continuous and constant basis. The main theme of this study and research is to focus on the Prophetic approach and methodology towards education. The researcher tried to seek the answers of the issues of today‟s world which are being faced by the world in general and the Muslim Ummah in particular related to education. The study will sort out the guidelines which could be found in the Life of the Prophet and the attitude and Hikmah (wisdom) of the Prophet towards education seeking a Prophetic approach for the contemporary phenomenon of cultural and civilizational pluralism. What would the Prophet (peace be upon him) do nowadays in the modern world and what Sunnah teaches the Ummah regarding and solving these issues? This paper is an attempt to answer these questions.

Back in time for utopia: Neo-Victorian utopianism and the return to William Morris

When we think of the Victorian era, images of shrouded piano legs, dismal factories and smoggy streets often come to mind. However, the 19th century has been rediscovered in recent years as the home of something quite different: bold utopian visions of the future. William Morris’ great literary utopia News from Nowhere, first published in 1890, is an interesting case study in this context. Morris’ text is the point of departure for a number of recent returns to Victorian utopianism, including Sarah Woods’ updated radio adaptation of News from Nowhere (2016) and the BBC’s historical reality television series The Victorian House of Arts and Crafts (2019). In this article, I analyse these Morris-inspired texts with the aim of exploring the place of old visions of the future in the contemporary cultural imaginary. Building on previous work in neo-Victorian studies and utopian studies, the claim is made that the return to 19th-century dreams is a plural phenomenon that has a number of divergent effects. More specifically, neo-Victorian utopianism can function to demonstrate the obsolescence of old visions of utopia, prompt a longing for the clarity and radicality of the utopias of the Victorian moment, or encourage a process of rejuvenating the utopian impulse in the present via a detour through the past.

الجمع لإزالة التعارض موارده ومعالمه ومسالکه وقوادحه

إزالة التعارض الظاهر بين الأدلة الشرعية قضية شغلت تفکير العلماء بمختلف فنونهم من فقهاء وأصوليين ومحدثين ومفسرين، والذين تولوا وضع القواعد في طريقة التعامل مع هذه الأدلة المتعارضة هم علماء الأصول، فذکروا الطرق التي يزال بها تعارض الأدلة على أنها ثلاثة: الجمع، والنسخ، والترجيح. غير أنهم فصلوا الکلام في طريقي النسخ والترجيح، ولم يعطوا لمسلک الجمع نفس الاهتمام. ما جعل هذا الموضوع مجالا خصبا للباحثين المعاصرين، فأردت أن أدلي فيه بدلوي. وتناولت بعض المباحث التي لم أجد لها ذکرا أو ترکيزا في کتابات السابقين أو المعاصرين. فبينت في مبحث موارد الجمع المجالات التي يتم فيها الجمع بين الأدلة المتعارضة، وأنواع الأدلة المتعارضة التي هي محل الجمع، وهذا للتأکيد على أن ظاهرة الجمع واسعة، وليست قاصرة على أدلة الأحکام الشرعية أو نصوصها. وتکلمت عن المعالم التي يهتدى بها في سلوک طريق الجمع. کما أفردت لمسالک الجمع وطرقه مبحثا خاصا، وإن کانت کثير من البحوث والرسائل العلمية تناولت هذا الموضوع، لـما وجدت فيه من إضافات تثري هذا الموضوع. وختمت البحث بالکلام عن جملة من القوادح التي تبطل الجمع وتجعله محلا للاعتراض عليه. وأثريت هذه الدراسة بکثير من الأمثلة لتوضيح مبادئ الجمع والقواعد التي تحکمه Removing the apparent conflict between the islamic evidence is an issue that has preoccupied the thinking of scholars of various specialities, from jurists, fundamentalists, modernists and commentators, who have set the rules in the way of dealing with opposing evidence are the scholars of origins, and they mentioned the ways in which the evidence continues to conflict as three: plural, copying, and weighting. However, they separated the speech in the copying and weighting, and did not give the gathering the same attention. What made this subject a fertile area for contemporary researchers, I wanted to make a statement about it. I dealt with some detectives that I found no mention or focus in the writings of the past or contemporaries. The study of the resources of the collection was shown in the areas where conflicting evidence is combined with the types of conflicting evidence that are the subject of the collection, and this is to emphasize that the phenomenon of plurality is broad, and is not limited to the evidence or texts of the shariaa. its spoke of the milestones that guided him in the way of collection. The courses and methods of the collection have also been devoted to a special research, although many research esthesyands have addressed this subject, because of the additions that enrich this topic. I concluded the search by talking about a number of Nullifiers that invalidate the collection and make it contested. This study has enriched many examples to clarify the principles of plurality and the rules governing it.

Trickstery: pluralising stigma in international society

International politics is often imagined via a binary opposition between the oppressor and the oppressed. Attention to entrenched hierarchies of power is essential in the study of international politics. However, taking this division too rigidly can obfuscate the very mechanisms of power that must be understood in order to grasp these hierarchies. We identify one such mechanism in the practice of trickstery, particularly as practiced in the context of Russia’s ambivalent and conflicted place in international society. Through the dynamics of trickstery, we show the workings of stigmatisation to be a plural phenomenon, giving rise to various normative challenges. The trickster is both conformist and deviant, hero and anti-hero – a “plural figure” both reflecting the rich cultural texture of international society and contesting its hierarchies. The trickster particularly unsettles the ideal liberal (global) public sphere through its simultaneous performance of emancipatory and anti-emancipatory logics. In this, trickstery produces normatively undecidable situations that exceed the analytical capacities of, for example, the strategic use of norms, norm contestation, and stigma management literatures. We find trickstery to be encapsulated in the contemporary international situation of Russia, while recognising that its practices are potentially available to other actors with similarly liminal status and cultural repertoires. We particularly analyse the trickster practice of ‘overidentification’ with norms, which apparently endorses but indirectly subverts the normative frameworks within which it is performed. Such overidentification is a form of satire, contemporaneously appropriated by state actors, which has indeterminate yet significant effects.