This thesis presents a theoretical discussion of how legal pluralism and the idea of parallel systems of justice can address issues of ethnic accommodation. / It is divided into four chapters: (I) an introduction why Transylvania has been selected as a site of analysis; (II) a brief presentation of the ethno-history of Transylvania; (III) an analysis of law focusing on the possibility of applying parallel legal systems, in contemporary states, taking as a case study how Romania might deal with Transylvania; (IV) finding conclusions between utopia and reality. / The evolution of the ethnic composition of Transylvania over the centuries is used to illustrate the complexity of the legal and political issues that must be addressed. Several questions of legal theory are then addressed. When does a norm become legal? What is the relationship between Law and state institutions or the relationship between Law and society? Is Law a singular or a pluralist phenomenon? How is Law culturally, historically or politically determined? How can ethnicity or cultural membership be defined in legal terms? / The two main justifications for accommodating ethnic minorities through parallel legal systems are then examined: the argument based on the collective rights of national groups; and the argument based on protecting the cultural continuity of a national group. The thesis suggests that thinking about parallel legal system must be grounded in the specific historical, political, ethnic, and legal context of a region. / The goal of "The Vampires of Transylvania" is to challenge contemporary legal thinking rather than to provide an absolute final conclusion on the topic of parallel legal systems. Final answers in this field are possible only after legal mythology and ethno-cultural taboos have both been demolished.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.30291 |
| Date | January 1999 |
| Creators | Crai, Eugen. |
| Contributors | Macdonald, Roderick A. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001740896, proquestno: MQ64267, Theses scanned by UMI/ProQuest. |
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