Non-State Justice Institutions and the Law [electronic resource] : Decision-Making at the Interface of Tradition, Religion and the State /
Kötter, M.editor.
Röder, T.editor.
Schuppert, F.editor.
Wolfrum, R.editor.
This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.
Description based upon print version of record.
Cover; Contents; List of Tables and Figures; Preface and Acknowledgements; Notes on Contributors; 1 Introduction: A Bifurcated Theory of Law in Hybrid Societies; 1 The recent turn to non-state justice institutions; 2 How hybrid legal situations came about; 3 A bifurcated law and society; 4 The apparent misfit with the rule of law; 5 Conclusion; Part I: Recognizing Non-State Justice Institutions: Five Cases; 2 Pakistan: Jirgas Dispensing Justice without State Control; 1 Introduction; 2 Governance and dispute settlement in FATA
3 Legality and legitimacy of decision-making in the existing framework4 Conclusion; 3 South Sudan: Linking the Chiefs' Judicial Authority and the Statutory Court System; 1 Introduction: Traditional authorities and customary law in South Sudan; 2 Contemporary legal framework of the judicial system; 3 Decision-making in the customary court system; 4 Interaction of statutory courts and customary courts - two parallel systems or two branches of the same legal structure?; 5 Conclusion: The political relevance of chief courts in the post-conflict situation of South Sudan
4 Ethiopia: Legal and Judicial Plurality and the Incorporation of Traditional Dispute Resolution Mechanisms within the State Justice System1 Introduction; 2 The state justice system; 3 The incorporation of the traditional dispute resolution process of shimglina within the state justice system; 4 The non-state justice systems; 5 Conclusion; 5 Bolivia: Normative Equality between State and Customary Law. Utopia or the Future of Hybrid Normative Systems?; 1 General introduction to the country and the justice system; 2 Authority system in traditional justice (customary law)
3 Constitutionalization and legislation of indigenous law4 The mandatory nature of the indigenous legal system; 5 Conclusion; 6 South Africa: Legal Recognition of Traditional Courts - Legal Pluralism in Action; 1 Introduction; 2 Historical context; 3 Contemporary legal framework; 4 Concluding remarks; Part II: Non-State Justice Institution and the Law: Conceptual Approaches; 7 Non-State Justice Institutions: A Matter of Fact and a Matter of Legislation; 1 Non-state justice institutions and the rule of law; 2 Various degrees of statehood and non-state justice institutions
3 Incorporating non-state justice institutions into the state law system4 Design of regulations; 5 Conclusion; 8 From Normative Pluralism to a Pluralism of Norm Enforcement Regimes: A Governance Research Perspective; 1 From legal pluralism to judicial pluralism; 2 On the enforcement dimension of every normative order; 3 A survey of the diverse regimes of norm enforcement: From government mandated law enforcement to compliance management within a firm; 4 A few critical concluding remarks; 9 Legal Pluralism from the Perspective of International Law; 1 Introduction
2 Legal pluralism and international law in general
Includes bibliographical references and index.
This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.
International relations.
Human rights.
Political science.
Law—Philosophy.
Law.
Public law .
International Relations.
Human Rights.
Political Science.
Theories of Law, Philosophy of Law, Legal History.
Public Law.