Customary Justice

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Customary Justice and the Rule of Law in War-torn Societies

Deborah Isser
Customary Justice and the Rule of Law in War torn Societies Book PDF

Author : Deborah Isser
Publisher : US Institute of Peace Press
Page : 402 pages
File Size : 55,6 Mb
Release : 2011
Category : History
ISBN : 9781601270665

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Customary Justice and the Rule of Law in War-torn Societies by Deborah Isser Pdf

The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

African Customary Justice

Pnina Werbner,Richard Werbner
African Customary Justice Book PDF

Author : Pnina Werbner,Richard Werbner
Publisher : Routledge
Page : 298 pages
File Size : 40,7 Mb
Release : 2021-12-29
Category : Law
ISBN : 9781000519013

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African Customary Justice by Pnina Werbner,Richard Werbner Pdf

This book presents an important ethnographic and theoretical advance in legal anthropological scholarship by interrogating customary law, customary courts and legal pluralism in sub-Saharan Africa. It highlights the vitality and continued relevance of customary justice at a time when customary courts have waned or even disappeared in many postcolonial African nations. Taking Botswana as a casestudy from in-depth fieldwork over a fifty-year period, the book shows, the ‘customary’ is robustly enduring, central to settling interpersonal disputes and constitutive of the local as well as the national public ethics. Customary law continues to be constitutionally protected, authorised by the country’s past as an authentic, viable legacy, from the British colonial period of indirect rule to the postcolonial state’s present development as a highly bureaucratised democracy. Along with a theoretical overview of the underlying issues for the anthropology and sociology of law, the book documents customary law as living law in the context of legal pluralism. It takes a legal realist approach and highlights the need to pay close attention to the lived experience of justice and its role in the production of legal subjectivities. The book will be valuable to Africanists but also, more broadly, to social scientists, social historians and socio-legal scholars with interests in law and social change, public ethics and personal morality, and the intersection of politics and judicial decision making.

Working with Customary Justice Systems

Erica Harper
Working with Customary Justice Systems Book PDF

Author : Erica Harper
Publisher : Unknown
Page : 203 pages
File Size : 54,7 Mb
Release : 2011
Category : Customary law
ISBN : 8896155053

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Working with Customary Justice Systems by Erica Harper Pdf

"Working with Customary Justice Systems: Post-conflict and Fragile States is a collection of articles from the 'Legal Empowerment and Customary Law Research Grants' program, where seven bursaries were awarded to scholar-practitioners to develop and conduct empirically grounded and evidence-based research programs to evaluate the impact of an empowerment-based initiative involving customary justice. The case studies illustrate that what is effective is situation-specific and contingent upon a variety of factors including, among others, social norms, the presence and strength of a rule of law culture, socioeconomic realities and national and geo-politics"--Provided by publisher.

Grass-roots Justice in Ethiopia

Getachew Assefa (dir.). Alula Pankhurst
Grass roots Justice in Ethiopia Book PDF

Author : Getachew Assefa (dir.). Alula Pankhurst
Publisher : Centre français des études éthiopiennes
Page : 301 pages
File Size : 49,9 Mb
Release : 2016-07-28
Category : Social Science
ISBN : 9782821872349

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Grass-roots Justice in Ethiopia by Getachew Assefa (dir.). Alula Pankhurst Pdf

This book presents a timely review of the relations between the formal and customary justice systems in Ethiopia, and offers recommendations for legal reform. The book provides cases studies from all the Region of Ethiopia based on field research on the working of customary dispute resolution (CDR) institutions, their mandates, compositions, procedures and processes. The cases studies also document considerable unofficial linkages with the state judicial system, and consider the advantages as well as the limitations of customary institutions with respect to national and international law. The editor's introduction reviews the history of state law and its relations with customary law, summarises the main findings by region as well as as on inter-ethnic issues, and draws conclusions about social and legal structures, principles of organization, cultural concepts and areas, and judicial processes. The introduction also addresses the questions of inclusion and exclusion on the basis of gerontocratic power, gender, age and marginalised status, and the gradual as well as remarkable recent transformations of CDR institutions. The editor's conclusion reviews the characteristics, advantages and limitations of CDR institutions. A strong case is made for greater recognition of customary systems and better alliance with state justice, while safeguarding individual and minority rights. The editors suggest that the current context of greater decentralization opens up opportunities for pratical collaboration between the systems by promoting legal pluralism and reform, thereby enhancing local level justice delivery. The editors conclude by proposing a range of options for more meaningful partnership for consideration by policy makers, the legal profession and other stakeholders. In memory of Aberra Jembere and Dinsa Lepisa. Cover: Elders at peace ceremony in Arbore, 1993.

The Nature of Customary Law

Amanda Perreau-Saussine,James B. Murphy
The Nature of Customary Law Book PDF

Author : Amanda Perreau-Saussine,James B. Murphy
Publisher : Cambridge University Press
Page : 322 pages
File Size : 51,7 Mb
Release : 2007-05-17
Category : Law
ISBN : 9781139463218

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The Nature of Customary Law by Amanda Perreau-Saussine,James B. Murphy Pdf

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.

Gender, Justice, and the Problem of Culture

Dorothy L. Hodgson
Gender Justice and the Problem of Culture Book PDF

Author : Dorothy L. Hodgson
Publisher : Indiana University Press
Page : 204 pages
File Size : 54,9 Mb
Release : 2017-03-27
Category : Social Science
ISBN : 9780253025470

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Gender, Justice, and the Problem of Culture by Dorothy L. Hodgson Pdf

An analysis of the relationships between law, custom, gender, marriage and justice among northern Tanzania’s Maasai communities. When, where, why, and by whom is law used to force desired social change in the name of justice? Why has culture come to be seen as inherently oppressive to women? In this finely crafted book, Dorothy L. Hodgson examines the history of legal ideas and institutions in Tanzania—from customary law to human rights—as specific forms of justice that often reflect elite ideas about gender, culture, and social change. Drawing on evidence from Maasai communities, she explores how the legacies of colonial law-making continue to influence contemporary efforts to create laws, codify marriage, criminalize FGM, and contest land grabs by state officials. Despite the easy dismissal by elites of the priorities and perspectives of grassroots women, she shows how Maasai women have always had powerful ways to confront and challenge injustice, express their priorities, and reveal the limits of rights-based legal ideals. “This is a book that only Dorothy Hodgson could have written, with her decades of work in Tanzania, vast networks in Maasailand, and deep ethnographic knowledge, combined with her deftness in working through more theoretical work on gender and human rights. Closely argued, conceptually sharp, and engagingly written.” —Brett Shadle, author of Girl Cases: Marriage and Colonialism in Gusiiland, Kenya, 1890-1970 “Dorothy Hodgson asks a number of important and clearly articulated questions, and provides thoughtful answers to them using a hybrid of historical and anthropological methodologies that combine in-depth case studies with more empirically-informed macro-level reflection. A concise and useful resource in the undergraduate as well as the graduate classroom.” —Priya Lal, author of African Socialism in Postcolonial Tanzania: Between the Village and the World “Gender, Justice, and the Problem of Culture makes a significant contribution to the study of law in East Africa and elsewhere among colonized peoples, and it should be required reading not only for academics interested in such matters but for activists and policymakers.” —American Anthropologist “Hodgson’s book is both rich in detail and broad in its implications for understanding struggles for justice for marginalised groups. It deserves the attention of students and scholars of African studies, anthropology, history, political science and women’s and gender studies.” —Journal of Modern African Studies

Navajo Nation Peacemaking

Marianne O. Nielsen,James W. Zion
Navajo Nation Peacemaking Book PDF

Author : Marianne O. Nielsen,James W. Zion
Publisher : University of Arizona Press
Page : 244 pages
File Size : 46,6 Mb
Release : 2005-09
Category : Social Science
ISBN : 0816524718

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Navajo Nation Peacemaking by Marianne O. Nielsen,James W. Zion Pdf

Describes and analyzes the Navajo peacemaking tradition of restorative justice, in which all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties.

Customary International Law

Brian D. Lepard
Customary International Law Book PDF

Author : Brian D. Lepard
Publisher : Cambridge University Press
Page : 441 pages
File Size : 47,8 Mb
Release : 2010-01-11
Category : Law
ISBN : 9780521191364

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Customary International Law by Brian D. Lepard Pdf

This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.

Customary International Humanitarian Law

Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Customary International Humanitarian Law Book PDF

Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 44,8 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996

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Customary International Humanitarian Law by Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Pdf

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

The Customary International Law of Human Rights

William A. Schabas
The Customary International Law of Human Rights Book PDF

Author : William A. Schabas
Publisher : Oxford University Press
Page : 433 pages
File Size : 49,9 Mb
Release : 2021
Category : Law
ISBN : 9780192845696

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The Customary International Law of Human Rights by William A. Schabas Pdf

This book provides a comprehensive account of the emergence of the customary law of human rights. It examines a range of human rights norms, and provides a useful guide to identifying those which can be described as customary.

Indigenous Legal Traditions

Law Commission of Canada
Indigenous Legal Traditions Book PDF

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 45,8 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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Indigenous Legal Traditions by Law Commission of Canada Pdf

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Traditional, National, and International Law and Indigenous Communities

Marianne O. Nielsen,Karen Jarratt-Snider
Traditional National and International Law and Indigenous Communities Book PDF

Author : Marianne O. Nielsen,Karen Jarratt-Snider
Publisher : University of Arizona Press
Page : 225 pages
File Size : 54,5 Mb
Release : 2020-05-05
Category : Social Science
ISBN : 9780816540419

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Traditional, National, and International Law and Indigenous Communities by Marianne O. Nielsen,Karen Jarratt-Snider Pdf

This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Customary Justice

Thomas McInerney
Customary Justice Book PDF

Author : Thomas McInerney
Publisher : Unknown
Page : 185 pages
File Size : 40,8 Mb
Release : 2011
Category : Customary law
ISBN : 8896155061

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Customary Justice by Thomas McInerney Pdf

"Customary Justice: Perspectives on Legal Empowerment features articles by leading authors, country specialists and practitioners working in the areas of traditional justice and legal empowerment, discusses key aspects of traditional justice, such as for example the rise of customary law in justice sector reform, the effectiveness of hybrid justice systems, access to justice through community courts, customary law and land tenure, land rights and nature conservation, and the analysis of policy proposals for justice reforms based on traditional justice. Discussions are informed by case studies in a number of countries, including Liberia, Eritrea, the Solomon Islands, Indonesia and the Peruvian Amazon"--Provided by publisher.

The European Union and Customary International Law

Fernando Lusa Bordin,Andreas Th. Müller,Francisco Pascual-Vives
The European Union and Customary International Law Book PDF

Author : Fernando Lusa Bordin,Andreas Th. Müller,Francisco Pascual-Vives
Publisher : Cambridge University Press
Page : 337 pages
File Size : 53,7 Mb
Release : 2022-11-03
Category : Law
ISBN : 9781108832977

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The European Union and Customary International Law by Fernando Lusa Bordin,Andreas Th. Müller,Francisco Pascual-Vives Pdf

The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters

Brendan Tobin
Indigenous Peoples Customary Law and Human Rights Why Living Law Matters Book PDF

Author : Brendan Tobin
Publisher : Routledge
Page : 361 pages
File Size : 44,5 Mb
Release : 2014-08-27
Category : Law
ISBN : 9781317697534

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Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters by Brendan Tobin Pdf

This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.