Working With Customary Justice Systems

Author : Erica Harper
Publisher : Unknown
Page : 203 pages
File Size : 52,6 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.

Author : Deborah Isser
Publisher : US Institute of Peace Press
Page : 402 pages
File Size : 51,5 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. "

Author : Getachew Assefa (dir.). Alula Pankhurst
Publisher : Centre français des études éthiopiennes
Page : 301 pages
File Size : 42,7 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.

Author : Thomas McInerney
Publisher : Unknown
Page : 185 pages
File Size : 50,7 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.

Author : Alula Pankhurst,Getachew Assefa
Publisher : Unknown
Page : 338 pages
File Size : 52,6 Mb
Release : 2008
Category : Customary law
ISBN : UIUC:30112103792203

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Grass-roots Justice in Ethiopia by Alula Pankhurst,Getachew Assefa 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.

Author : Roger Matthews
Publisher : SAGE Publications Limited
Page : 228 pages
File Size : 48,8 Mb
Release : 1988
Category : Law
ISBN : UOM:49015001288738

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Informal Justice by Roger Matthews Pdf

Informal forms of justice such as mediation have been greeted enthusiastically as progress from the punishment model of justice -- and criticised as broadening rather than narrowing the reach of the criminal justice system. Here the contributors assess the evidence and re-appraise the theory of informalism.

Author : Marianne O. Nielsen,James W. Zion
Publisher : University of Arizona Press
Page : 244 pages
File Size : 41,7 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.

Author : Marianne O. Nielsen,Karen Jarratt-Snider
Publisher : University of Arizona Press
Page : 225 pages
File Size : 47,6 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.

Author : Anonim
Publisher : UN
Page : 79 pages
File Size : 54,8 Mb
Release : 2016
Category : Political Science
ISBN : 9211542162

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Human Rights and Traditional Justice Systems in Africa by Anonim Pdf

This publication defines the nature and characteristics of traditional justice systems, including issues related to jurisdiction, community involvement, composition, and a primary focus on restorative justice.

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 40,5 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.

Author : Pnina Werbner,Richard Werbner
Publisher : Unknown
Page : 128 pages
File Size : 42,5 Mb
Release : 2021
Category : Customary law
ISBN : 1032149469

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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 postcolony'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.

Author : M. Kötter,T. Röder,F. Schuppert,R. Wolfrum
Publisher : Springer
Page : 252 pages
File Size : 49,9 Mb
Release : 2015-02-02
Category : Political Science
ISBN : 9781137403285

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Non-State Justice Institutions and the Law by M. Kötter,T. Röder,F. Schuppert,R. Wolfrum Pdf

This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.

Author : Wanda D. McCaslin
Publisher : Living Justice Press
Page : 461 pages
File Size : 55,6 Mb
Release : 2013-11
Category : Electronic
ISBN : 9781937141028

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Justice As Healing: Indigenous Ways by Wanda D. McCaslin Pdf

Author : Yvon Dandurand,Curt Taylor Griffiths,United Nations Office on Drugs and Crime
Publisher : United Nations Publications
Page : 0 pages
File Size : 52,6 Mb
Release : 2006
Category : Law
ISBN : 9211337542

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Handbook on Restorative Justice Programmes by Yvon Dandurand,Curt Taylor Griffiths,United Nations Office on Drugs and Crime Pdf

The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community

Author : Anonim
Publisher : Unknown
Page : 180 pages
File Size : 42,8 Mb
Release : 2016
Category : Electronic
ISBN : 9176710521

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Judicial Review Systems in West Africa: a Comparative Analysis by Anonim Pdf

This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.