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Customary justice and the rule of law in war-torn societies / Deborah Isser, editor.
Bibliographic Record Display
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Title:Customary justice and the rule of law in war-torn societies / Deborah Isser, editor.
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Other Contributors/Collections:Isser, Deborah.
United States Institute of Peace.
United States Institute of Peace Press.
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Published/Created:Washington, D.C. : United States Institute of Peace Press, 2011.
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: K282 .C87 2011
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Customary law.
Postwar reconstruction.
Civil war.
Restorative justice.
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Description:xiv, 386 pages ; 23 cm.
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Summary:"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"--Provided by publisher.
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Notes:Includes bibliographical references and index.
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ISBN:9781601270665 (alk. paper)
1601270666 (alk. paper)
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Contents:Machine generated contents note: Three Key Constraints
Embracing Complexity
1. Dilemmas of Articulation in Mozambique: Customary Justice in Transition / Jennifer Garvey
Mozambican Society: A Sociocultural Kaleidoscope
History of State/Society Relations in Mozambique
Traditional Authority System and Customary Law
Formal Legal System
Formal and Customary Justice: Ongoing Dilemmas of Articulation
Recommendations
2. Mayan Law in Post-Conflict Guatemala / Carlos Fredy Ochoa Garcia
Guatemala's Justice Systems in the Context of Historic Discrimination
Nonstate Systems: Local Expressions of Mayan Law
State Justice System
Coexistence of State and Nonstate Justice Systems
Conclusions and Recommendations
3. Local-Level Justice under Transitional Administration Lessons from East Timor / Rod Nixon
Historical Background
Local-Level Justice
Reestablishing the Rule of Law: From the Top Down
Approaches to Local Justice under the Transitional Administration
After the Transitional Administration
Conclusions and Recommendations
4. Clash of Two Goods: State and Nonstate Dispute Resolution in Afghanistan / J Alexander Thier
Nonstate Dispute Resolution in Afghanistan
Formal Justice System
Potential for Coexistence of the Formal and Informal Systems
5. Unintended Consequences: Constraint of Customary Justice in Post-Conflict Liberia / Philip A. Z. Banks III
Rule of Law in Liberia: A Country's Troubled History
Liberia's Dual Justice System
Formal System
Customary Justice System
Formal and Customary Systems in Comparative Perspective
Recent State Regulation of Customary Justice Systems
Conclusions and Recommendations
6. Tribal Customary Law and Legal Pluralism in al Anbar, Iraq / Patricio Asfura-Heim
Tribalism and Anbari Society
Anbari Tribal Customary Law in Practice
Tribal Law and State Authority
Counterinsurgency and Tribal Customary Law
Conclusion: The Future of Tribal Law in Iraq
7. Customary Law in the Cross Fire of Sudan's War of Identities / Francis M. Deng
Historical Background: Law, War, and Identity
Customary Law in Its Cultural Context
Customary Law and Legal Pluralism
Customary Law, War, and Social Transformation
Challenges of Reform
Conclusion: Understanding and Engaging Customary Justice Systems / Deborah H. Isser
New Framework for Understanding Customary Justice Systems and Legal Pluralism
Practical Recommendations for Engaging with Customary Justice Systems
Conclusion: Filling the Knowledge Gaps.