Established by the International Union of Anthropological and Ethnological Sciences, and affiliated with the International Association of Legal Sciences
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The Commission on Folk Law and Legal Pluralism was established in 1978 by the International Union of Anthropological and Ethnological Sciences (IUAES), and affiliated with the International Association of Legal Science (IALS), on the initiative of professor G. van den Steenhoven, of the Institute of Folk Law, Nijmegen, the Netherlands.
By September 2006 more than 350 lawyers, anthropologists and other social scientists, representing all regions of the world and concerned with legal pluralism in both theory and practice, were participants in the activities of the Commission. The growth of the Commission reflects a growing awareness of the contemporary existence of legal plurality, not only in countries with indigenous peoples and ethnic minorities, but also in the industrialised societies as such. The Commission's primary purpose, according to its Constitution, is "to further knowledge and understanding of folk law and legal pluralism, with a focus upon theoretical and practical problems resulting from the interaction of folk law and state law". Its activities include, where appropriate, "assisting in making sympathetic and constructive contributions to the solution of problems connected with the interaction of folk law and state law, and thus to the future of indigenous, ethnic and social groups, governed by folk law, in the modern world".
The Commission's four major current activities are: the issue of a Newsletter (thrice every two years); the organisation of international symposia; the initiation and encouragement of Regional Working Groups in different parts of the world; and the organization and delivery of courses and summer schools in legal pluralism.
The Commission's first scientific symposium was held in Bellagio, Italy, in 1981 on the theme "State Institutions and their Use of Folk Law". The second, on "The Actual and Legal Position of Ethnic and Cultural Minorities", took place in Vancouver, in 1983. Two symposia were held in 1986: in Tutzing, Bavaria, Germany, on "Formal and Informal Social Security", and in Sydney, on "Folk Law and Indigenous Rights - A Comparative Perspective". Since 1986, a long series of symposia were held in Zagreb (Croatia, 1988), in Ottawa (Canada, 1990), in Amsterdam (Netherlands, 1991), in Wellington (New Zealand, 1992), Mexico City, (Mexico, 1993), Accra (Ghana, 1995), Moscow (Russia, 1997), Williamsburg (U.S.A. 1998), Arica (Chile, 2000), and Chiang Mai (Thailand, 2002). New Brunswick (Canada, 2004) and Jakarta (Indonesia, 2006). The next congress is planned in Kunming China in 2008.
Publications of the Commission include:
People's Law and State Law: the Bellagio Papers (eds. Antony Allott and Gordon R. Woodman, Foris, Dordrecht 1985);
Papers from the Vancouver Symposia, a special issue of the Journal of Legal Pluralism (no. 23, 1985);
Indigenous Law and the State (further papers from the Vancouver symposia, eds. Bradford W. Morse and Gorden R. Woodman, Foris, Dordrecht 1988);
Between Kinship and the State: Social Security and Law in Developing Countries (eds. F. von Benda-Beckmann et.al., Foris, Dordrecht 1988);
Group Rights: Strategies for Assisting the Fourth World (eds. R. Kuppe, M. Wiber and A. Griffiths), in: Law and Anthropology 5/1990;
The Socio-Legal Position of Women in Changing Society (C. La Prairie and E. Baerends), in Journal of Legal Pluralism - special double issue, no. 30/ 31, 1990-1991;
Legal Pluralism in Industrial Societies, (eds. Carol Greenhouse and Fons Strijbosch), in
Journal of Legal Pluralism 1993 (special issue); and
Indigenous Self-Determination and Legal Pluralism (eds. René Kuppe and Richard Potz), in
Law and Anthropology, vol. 8, Nijhoff, Dordrecht 1996;
Popular Justice: Conflict Resolution Within Communities, Foblets, Marie-Claire, Anne Griffiths, Carol LaPrarie and Gordon Woodman (eds.), in
Journal of Legal Pluralism, 36, special issue, 214 p.;
Natural resources, Environment and Legal Pluralism, F. and K. von Benda-Beckmann and A. Hoekema (guest eds.), in: Law and Anthropology. Vol. 9, 325 p. Martinus Nijhoff Publishers, The Netherlands 1997.
Proceedings of the XIIth International Symposium of the Commission of “Folk Law and Legal Pluralism, M. Wiber (compiler) Williamsburg, USA, July 26-August 1, 1998, New Brunswick.
Papers of the Xith International Congress Folk Law and Legal Pluralism: Societies in Transformation” of the Commission on Folk Law and Legal Pluralism, K. von Benda-Beckmann and H.F. Finkler (eds), Moscou August 18-22, 1997. Ottawa.
Obychnoe pravo i pravavoy pluralism. (Materialy XI mezhdunarodnogo kongressa po obychnomu pravu i pravovomu pluralizmu, avgust 1997 (Moskva) [Folk Law and Legal Pluralism. (Proceedings of the 11th International Congress on Folk Law and Legal Pluralism, August 1997, Moscow)], Novikova, N.I. and V.A. Tishdov (eds.), Moscow: Institute of Ethnology and Anthropology, 252 p. 1999
XII Congresso Internacional. Derecho Consuetudinario Y Pluralismo Legal: Desafios n el Tercer Milenio, Marzo 13-17, Milka Castro Lucic, ed., Arica-Chile. 2000
Papers of the XIIIth International Congress:Legal Pluralism and Unofficial Law in Social, Economic and Political Development. 7-10 April 2002, Chaing Mai, Thailand. Edited by Rajendra Pradhan. Published by the International Center for the Study of Nature, Environment and Culture, Kathmandu, Nepal. Three Volumes. 2002
Papers of the XIVth International Congress: Law, Plural Society and Social Cohesion in the 21st Century. 26-29 August 2004, Fredericton, New Brunswick, Canada. Available only in CD format.
Papers of the XVth International Congress: Law, Power and Culture: Transnational, National and Local Processes in the Context of Legal Pluralism. June 29th - July 2nd 2006. Papers available only in CD format.
Membership is open to anyone with a serious and substantial scholarly or practical commitment to or involvement in the field of legal pluralism. Those interested in joining are invited to communicate with the Executive Secretary, Dr. Markus Weilenmann, Office for Conflict Research in Developing Countries, Alpenstreet 25, CH-8803 Rüschlikon, Switzerland, E-mail: drmweilenmann@smile.ch
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