Institutional pluralism – A normal state of affairs?

The proposed paper will challenge the underlying assumptions of the panel outline on three counts: 1) the Weberian ideal type, while pointing to important functional connections, must not be confounded with social reality at any place and time; 2) empirically, a plurality of legal orders practices is universally found even in modern states claiming the monopoly of legitimate violence; 3) this warrants thorough rethinking of the concept of the modern state, including a proposed boundary between what is considered pertaining to the state and what is considered ‘beside’ the state. Empirical reference will be made mainly to current institutional arrangements in southern African states.