Forum shopping between civil and shari’a courts: Maintenance suits in contemporary Jerusalem

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

Forum shopping," namely "[t]he practice of choosing the most favourable jurisdiction or court in which a claim may be heard" (Garner, 2001, p. 590), is highly prevalent in situations of legal pluralism. In such situations, actors are often able to choose between several legal forums, and tend to prefer the forum that they perceive as best serving their interests. Surprisingly, this practice has received but meager attention in anthropological studies of legal pluralism. Only a handful of anthropologists have focused on such questions as: How do actors choose between legal forums? What individual considerations, social norms, and political structures guide and constrain their choice? How does this choice affect the outcome of the dispute? What is the accumulated effect of forum shopping on the forums involved?

Original languageEnglish
Title of host publicationReligion in Disputes
Subtitle of host publicationPervasiveness of Religious Normativity in Disputing Processes
PublisherPalgrave Macmillan
Pages147-164
Number of pages18
ISBN (Electronic)9781137318343
ISBN (Print)9781137322043
DOIs
StatePublished - 1 Jan 2013

Bibliographical note

Publisher Copyright:
© Franz von Benda-Beckmann, Keebet von Benda-Beckmann.

ASJC Scopus subject areas

  • Social Sciences (all)
  • Arts and Humanities (all)

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