Reconstructing Law And Justice In A Postcolony
Download Reconstructing Law And Justice In A Postcolony full books in PDF, epub, and Kindle. Read online free Reconstructing Law And Justice In A Postcolony ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Nonso Okafo |
Publisher | : Routledge |
Total Pages | : 406 |
Release | : 2016-04-08 |
Genre | : Social Science |
ISBN | : 1317070267 |
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 | : Padraig McAuliffe |
Publisher | : Routledge |
Total Pages | : 313 |
Release | : 2013-06-26 |
Genre | : Law |
ISBN | : 1135037760 |
This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.
Author | : Austin Sarat |
Publisher | : John Wiley & Sons |
Total Pages | : 688 |
Release | : 2008-04-15 |
Genre | : Social Science |
ISBN | : 047069291X |
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 | : Mohamed Sesay |
Publisher | : Rowman & Littlefield |
Total Pages | : 227 |
Release | : 2021-01-29 |
Genre | : Political Science |
ISBN | : 1538146320 |
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 | : Khanyisela Moyo |
Publisher | : Routledge |
Total Pages | : 265 |
Release | : 2019-05-31 |
Genre | : Law |
ISBN | : 135104818X |
Transitional justice processes are now considered to be crucial steps in facilitating the move from conflict or repression to a secure democratic future. This book contributes to a deeper understanding of transitional justice by examining the complexities of transition in postcolonial societies. It focuses particularly on Zimbabwe but draws on relevant comparative material from other postcolonial polities. Examples include but are not limited to African countries such as South Africa, Rwanda and Mozambique. European societies such as Northern Ireland, as well as other nations such as Guatemala, are also considered. While amplifying the breadth of the subject of transitional justice, the book addresses the claim that transitional justice mechanisms in postcolonial countries are necessary if the rule of law and the credibility of the country’s legal institutions are to be restored. Drawing on postcolonial legal theory, and especially on analyses of the relationship between international law and imperialism, the book challenges the assumption that a domestic rule of law ‘deficit’ may be remedied with recourse to international law. Taking up the paradigmatic perception that international law is neutral and has fixed rules, it demonstrates how complex issues which arise during postcolonial transitions require a more critical adoption of transitional justice mechanisms.
Author | : Nico Krisch |
Publisher | : Cambridge University Press |
Total Pages | : 521 |
Release | : 2021-11-11 |
Genre | : Law |
ISBN | : 1108843069 |
Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.
Author | : Professor Scott Veitch |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 264 |
Release | : 2013-01-28 |
Genre | : Law |
ISBN | : 1409493334 |
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 | : Arthur James Wells |
Publisher | : |
Total Pages | : 2744 |
Release | : 2009 |
Genre | : Bibliography, National |
ISBN | : |
Author | : Susan Harris Rimmer |
Publisher | : Edward Elgar Publishing |
Total Pages | : 587 |
Release | : |
Genre | : Feminism |
ISBN | : 1785363921 |
For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.
Author | : Nicole Roughan |
Publisher | : Cambridge University Press |
Total Pages | : 387 |
Release | : 2017-09-14 |
Genre | : Law |
ISBN | : 1107183960 |
This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state.