This book explores recent developments in the concept of hybridity through a multi-disciplinary perspective, bringing ideas about legal plurality together with the fields of peace, development and cultural studies. Exploring the meaning and implications of hybridity in a range of contexts, the contributors to this volume all pursue a concern with how the concept of hybridity can help understand and address the complex, and messy, reality of legal plurality. Analysing the concepts of hybridity and hybridization, their history, their application in law and legal studies, and their implications for thinking and rethinking legal plurality, the book shows how the concept of hybridity can contribute to an understanding of the processes that occur when different normative or legal orders or frameworks confront each other. In doing so, moreover, it exposes the limited relevance of dominant understandings of concepts such as sovereignty, state-centrism or universal human rights.
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viii | |
| Introduction |
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1 | (2) |
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1 Critical hybridity: exploring cultural, legal and political pluralism |
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3 | (12) |
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PART I Localising hybridity |
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15 | (74) |
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2 Nothing more than a conceptual lens? Situating hybridity in social inquiry |
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17 | (20) |
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3 Peace as a hybrid human right: a new way to realise human rights, or entrenching their systematic failure? |
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37 | (21) |
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4 (Counter-)terrorism and hybridity |
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58 | (16) |
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5 Hybrid processes for hybrid outcomes: NGO participation at the United Nations Human Rights Council |
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74 | (15) |
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PART II Hybridity in history and culture |
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89 | (70) |
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6 From Romanised subject to sophisticated code-switcher: the formation of thought on hybridity and the spread of Roman culture |
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91 | (14) |
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7 Hybridity and the ancient western Mediterranean |
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105 | (17) |
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8 Legal hybridity in Shakespeare: revisiting the post-colonial in The Tempest and Cymbeline |
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122 | (19) |
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9 Hybridity and the Ottoman: what can we learn from the Ottoman statebuilding framework? |
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141 | (18) |
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PART III New developments in hybridity and legal pluralism |
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159 | (76) |
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10 Legal and normative pluralism, hybridity and human rights: the Universal Periodic Review |
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161 | (21) |
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11 Deconstructing a sovereign right: the hybridisation of the anti-death penalty discourse in Europe |
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182 | (23) |
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12 Describing a rights realisation hybrid: the example of socio-economic rights |
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205 | (13) |
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13 From hybrid to cybrid? The formation and regulation of online `hybrid' identities |
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218 | (17) |
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PART IV Hybrid approaches to peace, development and justice |
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235 | (64) |
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14 Hybrid approaches to peace and justice: the case of post-genocide Rwanda |
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237 | (18) |
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15 Hybridity or coexistence? The politics of legal pluralism in the West African countryside |
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255 | (14) |
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16 Hybridity as a tool for deconstraction: the case of child witches |
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269 | (16) |
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17 The view from law and new governance: a critical appraisal of hybridity in peace and development studies |
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285 | (14) |
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299 | (26) |
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301 | (24) |
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| Index |
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325 | |
Nicolas Lemay-Hébert is based in the International Development Department, University of Birmingham, UK, and Rosa Freedman in the Law Department, at the University of Reading, UK.
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