Formanti giuridici e pluralismo delle fonti nell’Asia meridionale

Legal Formants and Plurality of Legal Sources in South Asia

Abstract

The essay analyzes the relationship between legal formants and plurality of legal sources in South Asia. The attention is focused on South Asian Association for Regional Cooperation (SAARC) and on the Indian legal system which represents the main reference in this context. The coexistence of an official law (state legal system) and unofficial law (personal laws) characterizes the Indian legal system, as in other South Asian countries. Thus, the formant of law is particularly relevant in the relationship between formants and legal sources, despite having a prevalent but not exclusive function. Indeed, tradition joins the habitual formants expanding the legal system and the legal sources. About that, the essay tries to check the impact of legal pluralism on integration processes. This study offers the opportunity to highlight the historically influence of India in South Asia both political and constitutional point of view.