Community Courts and Postcolonial Legal Pluralism

Community Courts and Postcolonial Legal Pluralism
Author: Tina Lorizzo
Publisher: Taylor & Francis
Total Pages: 109
Release: 2024-04-02
Genre: Law
ISBN: 1040011063

By focusing on the role of community courts in Mozambique, this book offers a postcolonial perspective on legal pluralism. In Mozambique, judicial courts are distant and expensive, and legal terminology is incomprehensible to the majority of people. As such, Mozambicans continue to rely on different normative systems to resolve their disputes – systems that have always been considered to be closer, cheaper and faster than judicial courts. This book analyses the functioning of community courts in the Mozambican capital city of Maputo. As it considers how the past shapes the relationship of the state with community courts, the book uncovers the Eurocentrism of mainstream discourses and practices of criminal justice. In response, it develops a postcolonial account of legal pluralism. By arguing that community courts can therefore be seen as the form of an otherwise neglected local knowledge, the book discusses their overlooked importance in improving widespread access to criminal justice. This book will be of value to scholars working in the areas of legal pluralism and postcolonialism and others with interest in criminal justice.

The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism
Author: Paul Schiff Berman
Publisher: Oxford University Press, USA
Total Pages: 1133
Release: 2020-09-24
Genre: Law
ISBN: 0197516742

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Legal Pluralism and Development

Legal Pluralism and Development
Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
Total Pages: 271
Release: 2012-05-28
Genre: Law
ISBN: 1107019400

Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.

Legal Pluralism and Empires, 1500-1850

Legal Pluralism and Empires, 1500-1850
Author: Lauren Benton
Publisher: NYU Press
Total Pages: 325
Release: 2013-07-22
Genre: Law
ISBN: 0814708188

This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.

Community Courts and Postcolonial Legal Pluralism

Community Courts and Postcolonial Legal Pluralism
Author: Tina Lorizzo
Publisher:
Total Pages: 0
Release: 2024
Genre: Criminal justice, Administration of
ISBN: 9781032592046

"Focusing on the role of community courts in Mozambique, this book offers a postcolonial perspective on legal pluralism. In Mozambique, judicial courts are distant and expensive and legal terminology is incomprehensible to the majority of people. As such, Mozambicans continue to rely on different normative systems to resolve their disputes - systems that have always been considered as closer, cheaper and faster than judicial courts. This book analyses the functioning of community courts in the Mozambican capital city of Maputo. As it considers how the past shapes the relationship of the state with community courts, the book uncovers the Eurocentrism of mainstream discourses and practices of criminal justice. In response, it develops a postcolonial account of legal pluralism. Arguing that community courts may therefore be seen as the form of an otherwise neglected local knowledge, the book maintains their overlooked importance in improving widespread access to criminal justice. This book will be of value to scholars working in the areas of legal pluralism and postcolonialism, as well as others with interests in criminal justice"--

Entangled Legalities Beyond the State

Entangled Legalities Beyond the State
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.

The Blackwell Companion to Law and Society

The Blackwell Companion to Law and Society
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.

Legal Pluralism in Muslim Contexts

Legal Pluralism in Muslim Contexts
Author: Norbert Oberauer
Publisher: BRILL
Total Pages: 268
Release: 2019-05-20
Genre: Law
ISBN: 9004398260

Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.

Domestic Legal Pluralism and the International Criminal Court

Domestic Legal Pluralism and the International Criminal Court
Author: Justin Su-Wan Yang
Publisher: Routledge
Total Pages: 240
Release: 2021-09-20
Genre: Law
ISBN: 1000450333

This book explores how the unique historical development of Islamic Shari’a criminal law alongside English common law in northern Nigeria has created a hybridised criminal legal system through a pluralist dynamic of mutual accommodation. It studies how this system may potentially be accommodated by the International Criminal Court. The work examines how this could be accommodated through the current understanding and operation of complementarity, and that it could ultimately prove to be preferable in encouraging the Shari’a courts to exercise criminal justice over the radical insurgents in northern Nigeria. These courts would have the unprecedented ability to combine binding adjudicative judgments together with religious interpretation and guidance, which can directly combat the predominantly unchallenged domain of ideology by extremist actors. It is submitted that these pluralist perspectives are timely and welcome, given the undeniably Western European foundations of modern International Criminal Law. In exploring such potential avenues, our shared understanding of modern international criminal justice is widened to necessarily include other stakeholders beyond its Western founders. It is the aim and hope that such interactions and engagements with non-Western traditions and cultures will lead to a greater shared ownership of the international criminal justice project, which will only strengthen the global fight against impunity. The book will be essential reading for academics, researchers and policy-makers working in the areas of International Criminal Law, Legal Pluralism, Islamic Shari’a Law, Nigeria, and religiously-inspired violence.

Legal Pluralism Explained

Legal Pluralism Explained
Author: Brian Z. Tamanaha
Publisher: Oxford University Press, USA
Total Pages: 233
Release: 2021
Genre: Law
ISBN: 019086155X

"Throughout the medieval period law was seen as the product of social groups and associations that formed legal orders, as Max Weber elaborates, "either constituted in its membership by such objective characteristics of birth, political, ethnic, or religious denomination, mode of life or occupation, or arose through the process of explicit fraternization." During the second half of the Middle Ages, roughly the tenth through fifteenth centuries, there were "several distinct types of law, sometimes competing, occasionally overlapping, invariably invoking different traditions, jurisdictions and modes of operation." Types of law included imperial and royal edicts and statutes, canon law, unwritten customary law of tribes and localities, written Germanic law, residual Roman law, municipal statutes, the law of merchants and of guilds, and in England the common law, on the continent the Roman law of jurists after the twelfth century revival of the Justinian Code. The types of courts included various imperial and royal courts, ecclesiastical courts, manorial or seigniorial courts, village courts, municipal courts in cities, merchant courts, and guild courts. Serving as judges in these courts, respectively, were kings or their appointees, Bishops and abbots, barons or lords of the manor or their appointees, local lay leaders, leading burghers, merchants, and members of the guild. These various positions were not wholly separate-many high government officials were in religious orders, while Churches held landed estates that came with local judicial responsibilities. "Bishops, abbots and prioresses, as lords of temporal possessions, controlled manorial or honorial courts at which they sometimes, though not generally, presided in person, exercising responsibility for criminal and customary law." "The result was the existence of numerous law communities," Weber wrote, "the autonomous jurisdictions of which overlapped, the compulsory, political association being only one such autonomous jurisdiction in so far as it existed at all." Jurisdictional rules for judicial tribunals and the laws to be applied related to the persons involved and the subject matter at issue. The personality principle linked law to a person's community or association, and under feudalism property ownership came wrapped together with the right to judge those tied to the property. "Demarcation disputes between these laws and courts were numerous." Jurisdictional conflicts arose especially in relation to ecclesiastical courts, which claimed broad jurisdiction over personal status laws (marriage, divorce, inheritance) and moral crimes, as well as church property and personnel, matters which regularly overlapped with the jurisdiction of other courts. Furthermore, different bodies of law could be applicable in a given court in a given case. "It was common to find many different codes of customary law in force in the same kingdom, town or village, even in the same house, if the ninth century bishop Agobard of Lyons is to be believed when he says, 'It often happened that five mem were present or sitting together, and not one of them had the same law as another.'" In long settled areas, the personal law of communities became local customary law. People living within cities were subject to municipal statutes and customary law on certain matters (penal law, procedural), and the community law to which they were attached"--