Non-state justice institutions and the law
Subtitle: decision-making at the interface of tradition, religion and the state
By: edited by Matthias Kötter, Research Fellow, WZB Berlin Social Science Center, Germany; Tilmann J. Röder, Managing Director, Max Planck Foundation for International Peace and the Rule of Law, Germany, Gunnar Folke Schuppert   Professor Emeritus, WZB Berlin Social Science Center, Germany; Rüdiger Wolfrum, Managing Director, Max Planck Foundation for International Peace and the Rule of Law, Germany
Series: Governance and limited statehood
Publisher: Palgrave Macmillan
Published: 2015
Place of publication: Houndmills, Basingstoke, Hampshire, UK ; New York, NY
Language: eng
Number of pages: 252
ISBN-13: 9781137403278
Subjects: Non-state actors (International relations); Non-governmental organizations; Rule of law; Justice; Customary law; LAW / Government / General; POLITICAL SCIENCE / Political Freedom & Security / Human Rights; POLITICAL SCIENCE / Government / Judicial Branch
Description: "Traditional forms of dispute resolution have become an important aspect in the political and academic debates on law and development and in numerous cases of constitution-making and judicial reform. 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. Looking at the legitimacy of non-state justice from various angles, this collection explores the ways in which non-state legal systems and governmental structures are embedded in official state justice institutions and how this affects the protection of human rights. "--
Notes: Includes bibliographical references (pages 234-246) and index.
Table of contents: title: Introduction : a bifurcated theory of law in hybrid societies / Brian Z. Tamanaha; title: Pakistan : jirgas dispensing justice without state control / Tilmann J. Röder and Naveed A. Shinwari; title: South Sudan : linking the chiefs' judicial authority and the statutory court system / Katharina Diehl, Ruben Madol Arol and Simone Malz; title: Ethiopia : legal and judicial plurality and the incorporation of traditional dispute resolution mechanisms within the State Justice System / Girmachew Alemu Aneme; title: Bolivia : normative equality between State and customary law. Utopia or the future of hybrid normative systems? / Lorena Ossio Bustillos; title: South Africa : legal recognition of traditional courts-legal pluralism in action / Christa Rautenbach; title: Non-state justice institutions : a matter of fact and a matter of legislation / Mathias Kötter; title: From nomative pluralism to a pluralism of norm enforcement regimes : a governance research perspective / Gunnar Folke Schuppert; title: Legal pluralism from the perspective of international law / Rüdiger Wolfrum.