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Author : Nonso Okafo
Publisher : Unknown
Page : 249 pages
File Size : 41,8 Mb
Release : 2009
Category : Customary law
ISBN : 1315604027
Author : Nonso Okafo
Publisher : Routledge
Page : 266 pages
File Size : 52,8 Mb
Release : 2016-04-08
Category : Social Science
ISBN : 9781317070276
Drawing on data from a cross-section of postcolonial nations across the world and on a detailed case-study of Nigeria, this book examines the experience of recreating law and justice in postcolonial societies. The author's definition of postcolonial societies includes countries that have emerged from external colonial rule, such as Nigeria and India as well as societies that have overcome internal dominations, such as Afghanistan and Iraq. Suggesting that restructuring a system of law and justice must involve a consideration of the traditions, customs and native laws of a society as well as the official, often foreign rules, this volume examines how ethnically complex nations resolve disputes, whether criminal or civil, through a combination of formal and informal social control systems. This book is unique in its concern with how the average citizens of a postcolonial society can play more active parts in their nation's law and justice, and how modern and increasingly urban societies can learn from indigenous peoples and institutions, which are more informal in their approaches to problem-solving. The concluding chapter looks at the possibility of an increased role for civil as opposed to criminal response in the social control system of a postcolonial society.
Author : Mohamed Sesay
Publisher : Rowman & Littlefield
Page : 227 pages
File Size : 52,5 Mb
Release : 2021-01-29
Category : Political Science
ISBN : 9781538146323
Winner of the 2021 Lee Ann Fujii Book Award, International Studies Association The positive effects of rule of law norms and institutions are often assumed in the fields of global governance and international development, with empirical work focusing more on the challenges of using law to engineer social change abroad. Questioning this assumption, the book contends that purportedly “good” rule of law standards do not always deliver benign benefits but rather often have negative consequences that harm the very local constituents which rule of law promoters promise to help. In particular, the book argues that rule of law promotion in post-colonial societies reinforces socioeconomic and political inequality which disproportionately favors dominant actors who have the wealth, education, and influence to navigate the state legal system. In addition to an historical account of legal development in settler-colonial environments, this argument is also drawn from a comparative study which focuses on the UK-supported justice sector development programs in Sierra Leone and the US-funded rule of law projects in Liberia.
Author : Jean Comaroff,John L. Comaroff
Publisher : University of Chicago Press
Page : 369 pages
File Size : 52,6 Mb
Release : 2008-09-15
Category : Social Science
ISBN : 9780226114101
Are postcolonies haunted more by criminal violence than other nation-states? The usual answer is yes. In Law and Disorder in the Postcolony, Jean and John Comaroff and a group of respected theorists show that the question is misplaced: that the predicament of postcolonies arises from their place in a world order dominated by new modes of governance, new sorts of empires, new species of wealth—an order that criminalizes poverty and race, entraps the “south” in relations of corruption, and displaces politics into the realms of the market, criminal economies, and the courts. As these essays make plain, however, there is another side to postcoloniality: while postcolonies live in states of endemic disorder, many of them fetishize the law, its ways and itsmeans. How is the coincidence of disorder with a fixation on legalities to be explained? Law and Disorder in the Postcolony addresses this question, entering into critical dialogue with such theorists as Benjamin, Agamben, and Bayart. In the process, it also demonstrates how postcolonies have become crucial sites for the production of contemporary theory, not least because they are harbingers of a global future under construction.
Author : John Reilly
Publisher : Rocky Mountain Books Incorporated
Page : 280 pages
File Size : 46,9 Mb
Release : 2019-09-10
Category : Biography & Autobiography
ISBN : 1771603348
From the bestselling author of Bad Medicine and its sequel Bad Judgment comes a wide-ranging, magisterial summation of the years-long intellectual and personal journey of an Alberta jurist who went against the grain and actually learned about Canada's Indigenous people in order to become a public servant. "Probably my greatest claim to fame is that I changed my mind," writes John Reilly in this broadly cogent interrogation of the Canadian justice system. Building on his previous two books, Reilly acquaints the reader with the ironies and futilities of an approach to justice so adversarial and dysfunctional that it often increases crime rather than reducing it. He examines the radically different indigenous approach to wrongdoing, which is restorative rather than retributive, founded on the premise that people are basically good and wrongdoing is the aberration, not that humans are essentially evil and have to be deterred by horrendous punishments. He marshalls extensive evidence, including an historic 19th-century US case that was ultimately decided according to Sioux tribal custom, not US federal law. And then he just comes out and says it: "My proposition is that the dominant Canadian society should scrap its criminal justice system and replace it with the gentler, and more effective, process used by the Indigenous people." Punishment; deterrence; due process; the socially corrosive influence of anger, hatred and revenge; sexual offences; the expensive futility of "wars on drugs"; the radical power of forgiveness--all of that and more gets examined here. And not in a bloodlessly abstract, theoretical way, but with all the colour and anecdotal savour that could only come from an author who spent years watching it all so intently from the bench.
Author : Martin Chanock
Publisher : Cambridge University Press
Page : 596 pages
File Size : 50,5 Mb
Release : 2001-03-05
Category : History
ISBN : 0521791561
Martin Chanock's illuminating and definitive perspective on that development examines all areas of the law including criminal law and criminology; the Roman-Dutch law; the State's African law; and land, labour and 'rule of law' questions.
Author : Arthur James Wells
Publisher : Unknown
Page : 2744 pages
File Size : 43,7 Mb
Release : 2009
Category : Bibliography, National
ISBN : STANFORD:36105211722686
Author : Taylor & Francis Group
Publisher : Law and the Postcolonial
Page : 312 pages
File Size : 46,5 Mb
Release : 2022-06
Category : Electronic
ISBN : 1138559377
This book considers the question of spatial justice after apartheid, from several disciplinary perspectives - jurisprudence, law, literature, architecture, photography and psychoanalysis are just some of the disciplines engaged here. However, the main theoretical device on which the authors comment is the legacy of what in Carl Schmitt's terms is nomos as the spatialised normativity of sociality. Each author considers within the practical and theoretical constraints of their topic, the question of what nomos in its modern configuration may or may not contribute to a thinking of spatial justice after apartheid. On the whole, the collection forces a confrontation between law's spatiality in a postcolonial era, on the one hand, and the traumatic legacy of what Paul Gilroy has called the colonial nomos, on the other hand. In the course of this confrontation, critical questions of continuation, extension, disruption, and rewriting are raised and confronted in novel and innovative ways that both challenge Schmitt's account of nomos and affirm the centrality of the constitutive relation between law and space. The book promises to resituate the trajectory of nomos, while considering critical instances through which the spatial legacy of apartheid might at last be overcome. This interdisciplinary book will appeal to scholars of critical legal theory, political philosophy, aesthetics and architecture.
Author : Austin Sarat
Publisher : John Wiley & Sons
Page : 688 pages
File Size : 50,9 Mb
Release : 2008-04-15
Category : Social Science
ISBN : 9780470692912
The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.
Author : Nico Krisch
Publisher : Cambridge University Press
Page : 521 pages
File Size : 49,6 Mb
Release : 2021-11-11
Category : Law
ISBN : 9781108843065
Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.
Author : Loretta Capeheart,Dragan Milovanovic
Publisher : Rutgers University Press
Page : 427 pages
File Size : 46,9 Mb
Release : 2020-05-15
Category : Political Science
ISBN : 9781978806856
Drawing on contemporary issues ranging from globalization and neoliberalism to the environment, this essential textbook - ideal for course use - encourages readers to question the limits of the law in its present state in order to develop fairer systems at the local, national, and global levels.
Author : Jody Wilson-Raybould
Publisher : Purich Books
Page : 253 pages
File Size : 52,7 Mb
Release : 2019-09-20
Category : Social Science
ISBN : 9780774880558
An Indigenous leader who has dedicated her life to Indigenous Rights, Jody Wilson-Raybould has represented both First Nations and the Crown at the highest levels. And she is not afraid to give Canadians what they need most – straight talk on what has to be done to move beyond our colonial legacy and achieve true reconciliation in Canada. In this powerful book, drawn from speeches and other writings, she urges all Canadians – both Indigenous and non-Indigenous – to build upon the momentum already gained or risk hard-won progress being lost. The good news is that Indigenous Nations already have the solutions. But now is time to act and build a shared postcolonial future based on the foundations of trust, cooperation, recognition, and good governance.
Author : Professor Scott Veitch
Publisher : Ashgate Publishing, Ltd.
Page : 264 pages
File Size : 48,8 Mb
Release : 2013-01-28
Category : Law
ISBN : 9781409493334
This collection of essays by an international group of authors explores the ways in which law and legal institutions are used in countries coming to terms with traumatic pasts and, in some cases, traumatic presents. In putting to question what is often taken for granted in uncritical calls for reconciliation, it critically analyses and frequently challenges the political and legal assumptions underlying discourses of reconciliation. Drawing on a broad spectrum of disciplinary and interdisciplinary insights the authors examine how competing conceptions of law, time, and politics are deployed in social transformations and how pressing demands for reconstruction, reconciliation, and justice inform and respond to legal categories and their use of time. The book is genuinely interdisciplinary, drawing on work in politics, philosophy, theology, sociology and law. It will appeal to a wide audience of researchers and academics working in these areas.
Author : Charles B. Fields,Richter H. Moore
Publisher : Unknown
Page : 630 pages
File Size : 48,8 Mb
Release : 2005
Category : Law
ISBN : UOM:39015060871525
"Geographic and cultural diversity is well represented in this volume. Traditional systems of justice are included, as well as some very nonconventional methods of dispute resolution and punishment. This finely tuned international collection will enhance a reader's appreciation and understanding of widely diverse approaches to law and control in selected cultural systems that differ greatly from familiar Western-based attitudes. Fields and Moore's collection provides readers with valuable twenty-first-century insight into the increasing complexity and interconnectedness of international criminal justice."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author : Kamari Maxine Clarke
Publisher : Duke University Press
Page : 212 pages
File Size : 48,7 Mb
Release : 2019-11-15
Category : History
ISBN : 9781478007388
Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.