Disputed traditions in Morocco and Indonesia

In the current era of globalization and transnationalisation of law, the continued vitality and revitalisation of tradition in legal systems seems paradoxical. Common explanations consider the renewed emphasis on tradition in law and religion as an indication of the failure or the imminent breakdown of the state or see it primarily as a rejection of dominant globalisation processes. In both approaches, tradition primarily figures as a relic from the past and attempts to revitalise it are seen as inward and backward looking. We argue that these explanations are unsatisfactory. Based on our research findings in Indonesia and Morocco, we argue, that a wide range of actors - from global players to local people - refers to tradition as a strategic tool in the legal repertoire in order to bring forward their respective interests in very different fields ranging from development goals such as sustainability, natural protection and good governance, to absolute hegemony in the religious field. Not conservatism but discontent with the distribution of resources and power motivate actors to look for alternative legitimisation of their claims. Reprinted by permission of the Zeitschrift für Ethnologie and Dietrich Reimer Verlag GmbH