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Non-state justice institutions and the law : decision-making at the interface of tradition, religion and the state / 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.

by Kötter, Matthias [editor.].
Material type: materialTypeLabelBookSeries: Governance and limited statehood.Publisher: Houndmills, Basingstoke, Hampshire, UK ; New York, NY : Palgrave Macmillan, 2015.Description: xiii, 252 pages : illustrations ; 23 cm.ISBN: 9781137403278 (hardback); 1137403276 (hardback).Subject(s): Non-state actors (International relations) | Non-governmental organizations | Rule of law | Justice. -- ა | Customary law | LAW / Government / General | POLITICAL SCIENCE / Political Freedom & Security / Human Rights | POLITICAL SCIENCE / Government / Judicial Branch | პოლიტიკური მეცნიერებაDDC classification: 341.2
Contents:
Summary: "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. "-- Provided by publisher.
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341.2 Available

Includes bibliographical references (pages 234-246) and index.

Introduction : a bifurcated theory of law in hybrid societies / Brian Z. Tamanaha -- Pakistan : jirgas dispensing justice without state control / Tilmann J. Röder and Naveed A. Shinwari -- South Sudan : linking the chiefs' judicial authority and the statutory court system / Katharina Diehl, Ruben Madol Arol and Simone Malz -- Ethiopia : legal and judicial plurality and the incorporation of traditional dispute resolution mechanisms within the State Justice System / Girmachew Alemu Aneme -- Bolivia : normative equality between State and customary law. Utopia or the future of hybrid normative systems? / Lorena Ossio Bustillos -- South Africa : legal recognition of traditional courts-legal pluralism in action / Christa Rautenbach -- Non-state justice institutions : a matter of fact and a matter of legislation / Mathias Kötter -- From nomative pluralism to a pluralism of norm enforcement regimes : a governance research perspective / Gunnar Folke Schuppert -- Legal pluralism from the perspective of international law / Rüdiger Wolfrum.

"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. "-- Provided by publisher.

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