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Overlapping discursive terrains of culture, law and women’s rights : an exploratory study on legal pluralism at play in Pakistan

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Ali, Shaheen Sardar (2012) Overlapping discursive terrains of culture, law and women’s rights : an exploratory study on legal pluralism at play in Pakistan. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2012/09).

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  • SSRN
Official URL: http://ssrn.com/abstract=2055156

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Abstract

This paper argues that plural regulatory frameworks (‘laws’ broadly defined) including religion, culture, customs, tradition as well as ‘formal’ law (national and international) informing women’s human rights, collude to create and perpetuate gender hierarchies. Whilst ‘informal’ norms of culture, custom and tradition expressly advance this position, gender neutral laws adopted by the state and her institutions are suspect, as these too, operate within a male socio-legal and political environment. Using the example of Pakistan, the paper attempts to present the contours of an analytical framework for mounting a challenge to plural legal systems from the perspective of women’s lived experiences and realities of their being.

Item Type: Working or Discussion Paper (Working Paper)
Divisions: Faculty of Social Sciences > School of Law
Series Name: Warwick School of Law Research Paper
Publisher: University of Warwick
Place of Publication: Coventry
Official Date: 9 May 2012
Dates:
DateEvent
9 May 2012Published
Number: Number 2012/09
Number of Pages: 26
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Open Access (Creative Commons)
Open Access Version:
  • SSRN

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