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Non State Justice Institutions And The Law
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Book Synopsis Non-State Justice Institutions and the Law by : M. Kötter
Download or read book Non-State Justice Institutions and the Law written by M. Kötter and published by Springer. This book was released on 2015-02-02 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Customary Justice and the Rule of Law in War-torn Societies by : Deborah Isser
Download or read book Customary Justice and the Rule of Law in War-torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. "
Download or read book Social Control written by Stuart Henry and published by Dartmouth Publishing Company. This book was released on 1994 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Enterprise of Law by : Bruce L. Benson
Download or read book The Enterprise of Law written by Bruce L. Benson and published by Independent Institute. This book was released on 2013-03-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Working with Customary Justice Systems by : Erica Harper
Download or read book Working with Customary Justice Systems written by Erica Harper and published by . This book was released on 2011 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis Informal Justice by : Roger Matthews
Download or read book Informal Justice written by Roger Matthews and published by SAGE Publications Limited. This book was released on 1988 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book States of Justice written by Oumar Ba and published by Cambridge University Press. This book was released on 2020-07-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
Book Synopsis Contending Orders by : Geoffrey Swenson
Download or read book Contending Orders written by Geoffrey Swenson and published by Oxford University Press. This book was released on 2022-10-14 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book No Equal Justice written by David Cole and published by ReadHowYouWant.com. This book was released on 2010-10 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication.
Book Synopsis Effective Governance Under Anarchy by : Tanja A. Börzel
Download or read book Effective Governance Under Anarchy written by Tanja A. Börzel and published by Cambridge University Press. This book was released on 2021-04-08 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.
Book Synopsis A Bird that Flies with Two Wings by : Miranda Forsyth
Download or read book A Bird that Flies with Two Wings written by Miranda Forsyth and published by ANU E Press. This book was released on 2009-09-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Journal of Legal Pluralism and Unofficial Law by : Melanie G. Wiber
Download or read book Journal of Legal Pluralism and Unofficial Law written by Melanie G. Wiber and published by LIT Verlag Münster. This book was released on 2012-06-06 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)
Author :Getachew Assefa (dir.). Alula Pankhurst Publisher :Centre français des études éthiopiennes ISBN 13 :2821872348 Total Pages :301 pages Book Rating :4.8/5 (218 download)
Book Synopsis Grass-roots Justice in Ethiopia by : Getachew Assefa (dir.). Alula Pankhurst
Download or read book Grass-roots Justice in Ethiopia written by Getachew Assefa (dir.). Alula Pankhurst and published by Centre français des études éthiopiennes. This book was released on 2016-07-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and Justice around the World by : Mikaila Mariel Lemonik Arthur
Download or read book Law and Justice around the World written by Mikaila Mariel Lemonik Arthur and published by Univ of California Press. This book was released on 2020-02-25 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Justice around the World is designed to introduce students to comparative law and justice, including cross-national variations in legal and justice systems as well as global and international justice. The book draws students into critical discussions of justice around the world today by: taking a broad perspective on law and justice rather than limiting its focus to criminal justice systems examining topics of global concern, including governance, elections, environmental regulations, migration and refugee status, family law, and others focusing on a diverse set of global examples, from Europe, North America, East Asia, and especially the global south, and comparing the United States law and justice system to these other nations continuing to cover core topics such as crime, law enforcement, criminal courts, and punishment including chapter goals to define learning outcomes sharing case studies to help students apply concepts to real life issues Instructor resources include discussion questions; suggested readings, films, and web resources; a test bank; and chapter-by-chapter PowerPoint slides with full-color maps and graphics. By widening the comparative lens to include nations that are often completely ignored in research and teaching, the book paints a more realistic portrait of the different ways in which countries define and pursue justice in a globalized, interconnected world.
Book Synopsis Strengthening Governance through Access to Justice by : AMITA SINGH
Download or read book Strengthening Governance through Access to Justice written by AMITA SINGH and published by PHI Learning Pvt. Ltd.. This book was released on 2008-12-04 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Comparative Criminal Justice Systems by : Harry R. Dammer
Download or read book Comparative Criminal Justice Systems written by Harry R. Dammer and published by Cengage Learning. This book was released on 2010-08-17 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bestselling COMPARATIVE CRIMINAL JUSTICE SYSTEMS, 4/e delivers a comprehensive--and intriguing--analysis comparing the various criminal justice systems throughout the world. Thoroughly revised and up to date, the Fourth Edition reflects the latest trends, issues, and information on international criminal justice, transnational organized crime and corruption, terrorism, and international juvenile justice. This proven text's unique topical approach examines important aspects of each type of justice system--common law, civil law, socialist law, and sacred (Islamic) law--which gives students a more solid understanding of the similarities and differences of each system. The authors use six model countries--China, England, France, Germany, Japan, Saudi Arabia--to illustrate the different types of law and justice systems in the context of specific countries, as well as the historical, political, economic, social, and cultural influences on each system. The book is packed with relevant examples, emphasizes critical thinking skills throughout, and includes an assortment of innovative learning tools to maximize student success. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Book Synopsis When Legal Worlds Overlap by : International Council on Human Rights Policy
Download or read book When Legal Worlds Overlap written by International Council on Human Rights Policy and published by . This book was released on 2009 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
