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Menski, Werner F (2011) 'Flying kites in courts: The future of Indian family laws in a super-diverse environment.' SCC, Journal Section.

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Abstract

Taking a legally pluralist stance which reflects global socio-legal reality, this article first identifies significant mental blockages for legal scholars in theorising legal pluralism. It then argues that a socially responsible approach to law teaching, not only in India, cannot ignore society, culture and competing value systems. If law is everywhere dynamic and internally plural, even if not immediately visible, acknowledging pluralisms becomes necessarily a highly dynamic activity, comparable to the challenges of kite flying: One wrong move, and the subtle structure crashes. Unless law teaching takes pluralism seriously, legal education will empower only a few privileged actors, capable to manipulate law and its multiple power-related uses. Socially conscious approaches to law teaching must problematise that while we need law to avoid chaos, everywhere it risks constant exploitation and misappropriation. Improved teaching about legal pluralism and choice making in Indian law schools offers hope, but many challenges remain.

Item Type: Other
SOAS Departments & Centres: Legacy Departments > Faculty of Law and Social Sciences > School of Law
Date Deposited: 03 Feb 2011 16:09
URI: https://eprints.soas.ac.uk/id/eprint/9903

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