The Anthropology of Law and Issues of Justice in the Southern Sudan Today PDF Download
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Author: Monyluak Alor Kuol
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages : 238
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Book Description
Author: Monyluak Alor Kuol
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages : 238
Get Book Here
Book Description
Author: Barbara Casciarri
Publisher: BRILL
ISBN: 9004362185
Category : Social Science
Languages : en
Pages : 343
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Book Description
Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society. It is the outcome of the international research program ANDROMAQUE (Anthropologie du Droit dans les Mondes Musulmans Africains et Asiatiques), funded by the French ANR (Agence National de la Recherche) between 2011 and 2014. Crossing two disciplinary perspectives, anthropology and law, the present volume contains original fieldwork data on contemporary urban and rural Sudan. Focusing on two major domains, land property and courts, several case studies demonstrate the relevance of an approach based on “legal practices” to underline, first, the plurality and hybridity of law systems and the relative role of the Islamic reference in Sudanese society, and, secondly, the reshaping of legal behaviors and norms after the breaking point of South Sudan's independence in 2011. Contributors are: Zahir M. Abdal-Kareem; Azza A. Abdel Aziz; Musa A. Abdul-Jalil; Munzoul M.A. Assal; Mohamed A. Babiker; Yazid Ben Hounet; Barbara Casciarri; Baudoin Dupret; Philippe Gout; Enrico Ille.
Author: Deborah Isser
Publisher: US Institute of Peace Press
ISBN: 1601270666
Category : History
Languages : en
Pages : 402
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Book Description
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. "
Author: Mohamed Fadlalla
Publisher: iUniverse
ISBN: 1440130868
Category : Law
Languages : en
Pages : 198
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Book Description
This summary is an invaluable reference for anyone who wishes to acquire a good basic knowledge of the customary laws of Southern Sudan. It provides, in an easily understandable form, a simplified explanation of the customary laws of the Dinka and Nuer peoples and their tradition-based background
Author: Cherry Leonardi
Publisher: Boydell & Brewer Ltd
ISBN: 1847010679
Category : History
Languages : en
Pages : 274
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Book Description
Explores various aspects of chiefly authority in South Sudan from its historical origins and evolution under colonial, postcolonial and military rule, to its current roles and value in the newly independent country. South Sudan became Africa's newest nation in 2011, following decades of armed conflict. Chiefs - or 'traditional authorities' - became a particular focus of attention during the international relief effort and post-war reconstruction and state-building. But 'traditional' authority in South Sudan has been much misunderstood. Institutions of chiefship were created during the colonial period but originated out of a much longer process of dealing with predatory external forces. This book addresses a significant paradox in African studies more widely: if chiefs were the product of colonial states, why have they survived or revived in recent decades? By examining the long-term history ofchiefship in the vicinity of three towns, the book also argues for a new approach to the history of towns in South Sudan. Towns have previously been analysed as the loci of alien state power, yet the book demonstrates that thesegovernment centres formed an expanding urban frontier, on which people actively sought knowledge and resources of the state. Chiefs mediated relations on and across this frontier, and in the process chiefship became central to constituting both the state and local communities. Cherry Leonardi is Senior Lecturer in African History at Durham University, a former course director of the Rift Valley Institute's Sudan course, and a member of the council of the British Institute in Eastern Africa Published in association with the British Institute in Eastern Africa.
Author: Melanie G. Wiber
Publisher: LIT Verlag Münster
ISBN: 3643998732
Category : Law
Languages : en
Pages : 285
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Book Description
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: Francis Deng
Publisher: Routledge
ISBN: 1135255873
Category : Law
Languages : en
Pages : 328
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Book Description
Customary Law in the Modern World is the study of a coherent and well-established legal system, which is now operating in the context of a modern nation-state and therefore poised between remaining relevant and the threat of marginalization. Focusing on Sudan, the author places customary law in its historical and cultural context, analyzing the fundamental and traditional values that underlie customary law and the impact of the war between the North and the South that lasted intermittently for half a century. He deals with the substance of customary law, covering a wide variety of areas: family law, property law, torts and criminal liability. Drawing on interviews conducted with judges, legislators and practicing lawyers on customary law and its future in the modern context, the book challenges the development of customary law to build on the positives of tradition and the reform of its shortcomings, particularly in the areas of human rights, gender equality and the protection of children. This book fills a gap in the literature on customary law, and will be of great interest to anyone interested in law, anthropology and politics.
Author: Øystein H. Rolandsen
Publisher: Nordic Africa Institute
ISBN: 9789171065377
Category : History
Languages : en
Pages : 212
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Book Description
"Guerrilla Government provides the background for today's political situation at the eve of a peace agreement for the South. It starts with a brief account of the historical roots of the second civil war and provides an in-depth analysis of the causes and consequences of the split in SPLM/A in 1991. The author then discusses the movement's political and administrative structures and its interaction with other parties at the Southern Sudanese scene prior to its National Convention in 1994. The National Convention and the results of its political and administrative reforms are scrutinised, and the book is brought to a conclusion with a short comment on the prospects of the future government of the Southern Sudan."--BOOK JACKET.
Author: Kamari Maxine Clarke
Publisher: Duke University Press
ISBN: 1478007389
Category : History
Languages : en
Pages : 212
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Book Description
Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.
Author: Marie-Claire Foblets
Publisher: Oxford University Press
ISBN: 0198840535
Category : Law
Languages : en
Pages : 993
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Book Description
The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
