Access To Justice In Rural Communities
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Access To Justice In Rural Communities
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Author : Daniel Newman
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-04
Access To Justice In Rural Communities written by Daniel Newman and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-04 with Law categories.
This book offers insight on access to justice from rural areas in internationally comparable contexts to highlight the diversity of experiences within, and across rural areas globally. It looks at the fundamental questions for people's lives raised by the issue of access to justice as well as the rule of law. It highlights a range of social, geographic and cultural issues which impact the way rural communities experience the justice system throughout the world with chapters on Australia, Canada, England, Ireland, Kenya, Northern Ireland, South Africa, Syria, Turkey, the USA and Wales. Each chapter explores three questions: 1. How do people experience the institutions of justice in rural areas and how does this rural experience differ to an urban experience? 2. What impact have changes in policy had on the justice system in rural areas, and have rural and urban areas been affected in different ways? 3. What impact does the law have on people's lives in rural areas and what would rural communities like to be better understood about their experience of the justice system? By bringing in the voices and experiences of those who are often ignored or side-lined by justice systems, this book will set out an agenda for ensuring social justice in legal systems with a focus on protecting marginalised groups.
Access To Justice And Human Security
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Author : Sindiso Mnisi Weeks
language : en
Publisher: Routledge
Release Date : 2017-11-22
Access To Justice And Human Security written by Sindiso Mnisi Weeks and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-22 with Law categories.
For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.
Strengthening Governance Through Access To Justice
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Author : AMITA SINGH
language : en
Publisher: PHI Learning Pvt. Ltd.
Release Date : 2008-12-04
Strengthening Governance Through Access To Justice written by AMITA SINGH and has been published by PHI Learning Pvt. Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-04 with Political Science categories.
This book tries to reunite and rebuild faith in public institutions by highlighting the availability of judicial remedies for the poor and the excluded in South Asia. The central idea of this book is the inevitable link between judicial capacity and good governance. It critically discusses the state of ‘access to justice’ to the poor and addresses the problems of various structures and procedures approached by the poor to seek justice. The formal system remains locked in the whimsical fantasies of the lawyers and the state structure which aborts the rule of law for the privileged and works in open defiance of the increasing disempowerment of the poor due to an overwhelming judiciary. This book highlights the growing need for restorative justice as against retributive and thus emphasizes a more intensive action research in alternative dispute resolution systems (ADRs). This argument is further developed to assess the competence of many people’s led informal institutions of judiciary such as Saalish in Bangladesh, Jirgas in Pakistan or Lok Adalats in India. The book is also radical in its approach towards the use of alternative dispute resolution systems to support marginalized communities, including women in distress, through mediation and arbitration which are gaining a new intellectual space in justice discourse. This book is an indispensable guide to administrators, and social scientists interested in governance and legal research. It would also be useful for those working in the non-state sector of pro-poor reforms.
Marginalized Communities And Access To Justice
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Author : Yash Ghai CBE
language : en
Publisher: Routledge
Release Date : 2009-12-16
Marginalized Communities And Access To Justice written by Yash Ghai CBE and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-16 with Law categories.
Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.
Access To Justice In Africa And Beyond
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Author :
language : en
Publisher: Ntl Inst for Trial Advocacy
Release Date : 2007
Access To Justice In Africa And Beyond written by and has been published by Ntl Inst for Trial Advocacy this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Access To Justice In Rural Communities
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Author : Daniel Newman
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-04
Access To Justice In Rural Communities written by Daniel Newman and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-04 with Law categories.
This book offers insight on access to justice from rural areas in internationally comparable contexts to highlight the diversity of experiences within, and across rural areas globally. It looks at the fundamental questions for people's lives raised by the issue of access to justice as well as the rule of law. It highlights a range of social, geographic and cultural issues which impact the way rural communities experience the justice system throughout the world with chapters on Australia, Canada, England, Ireland, Kenya, Northern Ireland, South Africa, Syria, Turkey, the USA and Wales. Each chapter explores three questions: 1. How do people experience the institutions of justice in rural areas and how does this rural experience differ to an urban experience? 2. What impact have changes in policy had on the justice system in rural areas, and have rural and urban areas been affected in different ways? 3. What impact does the law have on people's lives in rural areas and what would rural communities like to be better understood about their experience of the justice system? By bringing in the voices and experiences of those who are often ignored or side-lined by justice systems, this book will set out an agenda for ensuring social justice in legal systems with a focus on protecting marginalised groups.
Strengthening State Led Rural Justice In Bangladesh
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Author : Dr. Zahidul Islam
language : en
Publisher: CCB Foundation Dhaka
Release Date : 2009-07-01
Strengthening State Led Rural Justice In Bangladesh written by Dr. Zahidul Islam and has been published by CCB Foundation Dhaka this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Law categories.
Economically poor and marginalised rural people do need a justice system which is easily accessible, less expensive, efficient, fair, impartial, unbiased, capable to provide remedies timely, and consistent with their values. The objectives of introducing State-led Rural Justice Systems, namely the Village Court system and the Arbitration Council system, were to fulfil this need of the rural population in Bangladesh. In other words, the objectives were to provide them with better alternatives to the village shalish that often becomes a space for the powerful village elite to exercise their various types of power. Previous studies show that the State-led justice systems have failed to achieve the objectives miserably. The reasons why the state-led rural justice systems are yet to become better alternatives to the shalish, or why these systems have failed to provide access to justice to more rural justice seekers have become obvious in this book. This book suggests an immediate state intervention in the field of rural justice. Despite some plaguing incapacities, the state-led rural justice systems have adequate strengths. A thoughtful and careful intervention to fight the weaknesses and challenges exposed in this study can strengthen the state-led rural justice systems to a greater extent.
Crossroads Of Rural Crime
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Author : Alistair Harkness
language : en
Publisher: Emerald Group Publishing
Release Date : 2021-05-19
Crossroads Of Rural Crime written by Alistair Harkness and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-19 with Social Science categories.
Using the notion of ‘crossroads’ to provide a unique lens through which to examine the realities of rural crime, Crossroads of Rural Crime provides an understanding of the nature of rural life and ways in which transgression manifests itself in the context of a presumed rural-urban divide.
Environmental Justice And Rural Communities
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Author :
language : en
Publisher: IUCN
Release Date : 2007
Environmental Justice And Rural Communities written by and has been published by IUCN this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Environmental justice categories.
Contributed articles.
Access To Justice And Legal Aid
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Author : Asher Flynn
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-01-26
Access To Justice And Legal Aid written by Asher Flynn and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-26 with Law categories.
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.