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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.
  
• Published/Created:Washington, D.C. : United States Institute of Peace Press, 2011.
  

• Holdings

  Holdings Record Display

  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: K282 .C87 2011
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Customary law.
  Postwar reconstruction.
  Civil war.
  Restorative justice.
  
• Description:xiv, 386 pages ; 23 cm.
  
• 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.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9781601270665 (alk. paper)
  1601270666 (alk. paper)
  
• 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.