Legal pluralism in post-conflict Sierra Leone

Naso, Pedro; Bulte, Erwin; Swanson, Timothy

doi:10.1016/j.ejpoleco.2019.101819

Cited by 4 publications

(3 citation statements)

References 49 publications

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“…Where overlap was reviewed positively, papers most often recognized more than one benefit. Of the 34 papers that identified benefits of regulatory overlap, 21 listed two or more of the different Tier 3 codes (see, e.g., Gersen, 2013; Naso et al, 2020; Weaver, 2014) with 10 papers including over three or more codes (see, e.g., Aagaard, 2011; Buzbee, 2017; Duranske, 2017) and one paper was coded with seven different identified benefits (Babcock, 2012). Interestingly, many of these papers also argued that regulatory overlap could be a problem.…”

Section: Resultsmentioning

confidence: 99%

Regulatory overlap: A systematic quantitative literature review

Robb

Candy

Deane

2022

Regulation & Governance

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Regulatory failure caused by overlapping regulations is ubiquitous, with examples in all jurisdictions across a range of disciplines. Overlapping regulation can be problematic. It obscures policy objectives and hinders the development of effective and clear regulation. In addition, regulatory overlap can inflict real costs on businesses through repetitive inspections and data collection efforts. It is particularly burdensome when agencies issue conflicting rules with inconsistent standards. Recognizing that regulatory overlap exists and is a problem provides the context to this program of research. Our research project was an exploration using a systematic quantitative literature review (SQLR) method to better understand the way regulatory failure, caused by overlapping regulations, has featured in academic literature. The SQLR method was chosen as it employs a systematic process to consolidate a sample of literature, and quantitative measures to draw connections between different academic sources. Ultimately, our research concluded that the literature does not provide clear prescriptive principles for reducing unnecessary regulatory overlap. This begs a question as to whether more research is needed in this area, or alternatively whether the complexities raised by regulatory overlap are not reducible to general principles.

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Section: Resultsmentioning

confidence: 99%

Regulatory overlap: A systematic quantitative literature review

Robb

Candy

Deane

2022

Regulation & Governance

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“…27 Secara historis, pasca kemedekaan yang diperoleh dari negara-negara eropa. Seperti Negara Replubik Sierra Leone yang terletak di Afrika, 28 Botswana bagian afrika selatan, 29 Singapore, 30 Indonesia masih menggunakan peninggalan hukum kolonial meskipun dielaborasi dengan kearifan lokal, dan beberapa negara eropa yang saat ini menerapkan pluralisme hukum seperti Argentina, 31 Brazil, 32 German, UK, 33 Salamon Island. 34 Masing-masing negara tersebut mendialogkan antara legal pluralism dan konstitusi negara.…”

Section: Metode Penelitianunclassified

Islam, Fatwa dan Negara: Pluralisme Hukum Perceraian di Aceh, Indonesia

Muhazir

2022

Istinbath

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This article examines the Legal pluralism of divorce in Aceh, even though the government has regulated divorce laws that apply nationally. However, the Ulama Consultative Assembly (MPU) of Aceh Has issued a fatwa whose legal substance was different from the divorce regulations made by the government, coupled with the legal conditions for divorce in Acehnese people who are fanatical to the school (mazhab) of Shafi'i which is theoretically different from the divorce law in Indonesia. This type of research is doctrinal with a legal pluralism approach. This article aims to analyze the dynamics of divorce law in Acehnese society. The results show that there are three kinds of law that normatively and sociologically apply in Aceh, namely fikih munakat, fatwa and state law, and each has its own legal concept regarding divorce.

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“…27 Secara historis, pasca kemedekaan yang diperoleh dari negara-negara eropa. Seperti Negara Replubik Sierra Leone yang terletak di Afrika, 28 Botswana bagian afrika selatan, 29 Singapore, 30 Indonesia yang masih menggunakan peninggalan hukum kolonial meskipun dielaborasi dengan kearifan lokal, dan beberapa negara eropa yang saat ini menerapkan pluralisme hukum seperti Argentina, 31 Brazil, 32 German, UK, 33 Salamon Island. 34 Masing-masing negara tersebut mendialogkan antara legal pluralism dan konstitusi negara.…”

Section: Dinamika Pluralisme Hukumunclassified

Islam, Fatwa dan Negara: Meretas Pluralisme Hukum Perceraian di Aceh

Muhazir

2021

MNH

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The pluralism of divorce in Aceh has had an impact on the current practice of divorce. Fatwa, Jurisprudence, and the State also color the pluralism of divorce law, each of which has a normative and sociological power base. The Aceh MPU's fatwa tends to legitimize divorce regulated in fiqh books while the State has a different view of divorce law. This paper is a doctrinal study with a legal pluralism approach. This article argues that in substance there is a significant difference between the divorce provisions in the fatwa, fiqh, and state law. Fatwa and fiqh share the same view that divorce without witnesses and taking place outside the court is still valid, as well as triple talaq, whether pronounced cumulatively or separately, is still subject to triple talaq, this provision is different from divorce law which is regulated by the state and practiced in religious courts.

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Legal pluralism in post-conflict Sierra Leone

Cited by 4 publications

References 49 publications

Regulatory overlap: A systematic quantitative literature review

Regulatory overlap: A systematic quantitative literature review

Islam, Fatwa dan Negara: Pluralisme Hukum Perceraian di Aceh, Indonesia

Islam, Fatwa dan Negara: Meretas Pluralisme Hukum Perceraian di Aceh

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