Non State Justice Institutions And The Law
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Non State Justice Institutions And The Law
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Author : M. Kötter
language : en
Publisher: Springer
Release Date : 2015-02-02
Non State Justice Institutions And The Law written by M. Kötter and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-02 with Political Science categories.
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.
Social Control
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Author : Stuart Henry
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1994
Social Control written by Stuart Henry and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
A collection of theoretical and descriptive articles which examine systems of administering justice and dispensing sanctions outside the state. The volume includes the practices of disciplinary bodies, boards and councils of industrial organizations, tribunals and disciplinary committees.
The Other Law
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Author : Wilfried Schärf
language : en
Publisher:
Release Date : 2001
The Other Law written by Wilfried Schärf and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Customary Justice And The Rule Of Law In War Torn Societies
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Author : Deborah Isser
language : en
Publisher: US Institute of Peace Press
Release Date : 2011
Customary Justice And The Rule Of Law In War Torn Societies written by Deborah Isser and has been published by US Institute of Peace Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with History categories.
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. "
Contending Orders
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Author : Geoffrey Swenson
language : en
Publisher: Oxford University Press
Release Date : 2022-10-14
Contending Orders written by Geoffrey Swenson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-14 with Political Science categories.
In most countries, it is the norm for state courts to operate alongside powerful non-state justice systems, whose roots lie in custom, religion, or tradition. Indeed, non-state justice is frequently the dominant form of legal order. In the developing world, an estimated 80 to 90 percent of disputes are handled outside the state justice system, and nearly all post-conflict states feature extensive legal pluralism because of the weak institutions and contested authority endemic to conflict and post-conflict states. Yet the role of legal pluralism is frequently misunderstood and when different justice systems clash, prolonged, potentially even violent conflict, can result. In Contending Orders, Geoffrey Swenson proposes a new way to understand how state and non-state authorities interact by exploring the full range of legally pluralist environments-combative, competitive, cooperative, and complementary. Drawing upon insights from Afghanistan and Timor-Leste, two countries with extensive legal pluralism, he identifies and critically examines commonly used strategies in legally pluralistic environments. Swenson also illustrates how national and international actors can better engage non-state justice systems. Further, Swenson shows how multiple justice systems can not only co-exist but work together to contribute to the development of a democratic state bound by the rule of law. It is not enough to merely recognize that legal pluralism exists; scholars and policymakers must understand how legal pluralism actually functions. Contending Orders both analyzes the forces that are shaping the relationship between the state and non-state justice worldwide and offers policy strategies to promote the rule of law and good governance wherever legal pluralism thrives.
A Bird That Flies With Two Wings
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Author : Miranda Forsyth
language : en
Publisher: ANU E Press
Release Date : 2009-09-01
A Bird That Flies With Two Wings written by Miranda Forsyth and has been published by ANU E Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-01 with Law categories.
This book investigates the problems and possibilities of plural legal orders through an in-depth study of the relationship between the state and customary justice systems in Vanuatu. It argues that there is a need to move away from the current state-centric approach to law reform in the South Pacific region, and instead include all state and non-state legal orders in development strategies and dialogue. The book also presents a typology of models of engagement between state and non-state legal systems, and describes a process for analysing which of these models would be most advantageous for any country in the South Pacific region, and beyond.
The Enterprise Of Law
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Author : Bruce L. Benson
language : en
Publisher: Independent Institute
Release Date : 2013-03-01
The Enterprise Of Law written by Bruce L. Benson and has been published by Independent Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Law categories.
In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor—or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.
Access To Justice Beyond The State Courts
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Author : Aimé-Parfait Niyonkuru
language : en
Publisher: LIT Verlag
Release Date : 2021-01-01
Access To Justice Beyond The State Courts written by Aimé-Parfait Niyonkuru and has been published by LIT Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-01 with Social Science categories.
Costliness, excessive delay, bias against the weak, corruption, underfunding, insufficiency of legal skills and shortage of training programmes (for the judicial staff in its diversity), complexity of legal rules and procedures, including the language of both the law and the Court, dependency vis-à-vis the political authorities; these are flaws documented as hindering equal and effective access to Burundi's formal state court justice system. This book argues that engaging with out-of-court justice in Burundi's legal pluralism model may positively impact on people's access to justice, particularly for the poor and the underprivileged. Aimé-Parfait Niyonkuru is a visiting researcher at the Nanterre Centre of International Law and an associate researcher with Arnold-Bergstraesser-Institut.
Journal Of Legal Pluralism And Unofficial Law
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Author : Melanie G. Wiber
language : en
Publisher: LIT Verlag Münster
Release Date : 2012-06-06
Journal Of Legal Pluralism And Unofficial Law written by Melanie G. Wiber and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-06 with Law categories.
This special issue contains papers on international development interventions that offer support to justice and security reforms in so-called "fragile states." Following an introduction by guest editor Helene Maria Kyed, the book includes papers on: justice and security architecture in Africa * reconfiguring state and non-state actors in the provision of safety in (South) Africa - implications for bottom-up policing arrangements and for donor funding * the consequences of ideals-oriented rule of law policy-making in Liberia * the politics of customary law ascertainment in South Sudan * hybrid and 'everyday' political ordering - constructing and contesting legitimacy in Somaliland * spinning a conflict management web in Vanuatu - creating and strengthening links between state and non-state legal institutions * decentralized power and traditional authorities - how power determines access to justice in Sierra Leone * delivering justice - the changing gendered dynamics of land tenure in Botswana. (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 63)
When Legal Worlds Overlap
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Author : International Council on Human Rights Policy
language : en
Publisher:
Release Date : 2009
When Legal Worlds Overlap written by International Council on Human Rights Policy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Conflict of laws categories.
4e de couv.: This report highlights human rights impacts and dilemmas associated with plural state and non-state laws, such as family laws based on religion, customary justice practices and Alternative Dispute Resolution mechanisms. Drawing on examples of such plural legal orders from around the world, it proposes principles and a framework to guide human rights practitioners and policy-makers. The report also identifies challenges related to incorporation of non-state law in state law, recognition of cultural differences in law, and justice sector reform. Emphasising the contested nature of culture, especially when dealing with gender equality, religious freedom and indigenous peoples' rights, it calls for evidence-based assessments of plural legal orders that give special attention to people on the margins of state and non-state law, and equality between and within communities.