Sakshi Bhartiya, Unitedworld School of Law, Karnavati University, Gandhinagar
ABSTRACT
This research paper provides a thorough examination of how customary law is modernized by incorporating traditional practices into formal legal systems. The analysis is conducted within the framework of jurisprudence. This text examines the complex difficulties and potential advantages of combining traditional legal principles with state-centric frameworks. The analysis highlights the significance of recognizing legal pluralism as an initial measure towards establishing a unified legal system that upholds cultural diversity while conforming to international human rights norms. The research highlights the significance of collaborative approaches in addressing gaps, proposing that including local communities, legal scholars, and policymakers can promote more comprehensive and efficient legal reforms. Furthermore, it emphasizes the importance of upholding gender equality and protecting human rights in these different systems of law. Adaptive and context-sensitive techniques are crucial for seamlessly incorporating established legal processes, guaranteeing they progress in line with societal changes. The study analyzes various jurisprudential theories and scholarly discussions to shed light on the intricate interplay between different legal systems and the delicate balance required to uphold cultural diversity while yet adhering to universal ideals of justice. The conclusion highlights potential areas for further research and advancements in the field of legal modernization.
Keywords: Legal Pluralism, Customary Law Modernization, Jurisprudence, Collaborative Legal Reform, Cultural Legal Integration.
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