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"Working with Customary Justice Systems: Post-conflict and Fragile States is a collection of articles from the 'Legal Empowerment and Customary Law Research Grants' program, where seven bursaries were awarded to scholar-practitioners to develop and conduct empirically grounded and evidence-based research programs to evaluate the impact of an empowerment-based initiative involving customary justice. The case studies illustrate that what is effective is situation-specific and contingent upon a variety of factors including, among others, social norms, the presence and strength of a rule of law culture, socioeconomic realities and national and geo-politics"--Provided by publisher.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This book presents a timely review of the relations between the formal and customary justice systems in Ethiopia, and offers recommendations for legal reform. The book provides cases studies from all the Region of Ethiopia based on field research on the working of customary dispute resolution (CDR) institutions, their mandates, compositions, procedures and processes. The cases studies also document considerable unofficial linkages with the state judicial system, and consider the advantages as well as the limitations of customary institutions with respect to national and international law. The editor's introduction reviews the history of state law and its relations with customary law, summarises the main findings by region as well as as on inter-ethnic issues, and draws conclusions about social and legal structures, principles of organization, cultural concepts and areas, and judicial processes. The introduction also addresses the questions of inclusion and exclusion on the basis of gerontocratic power, gender, age and marginalised status, and the gradual as well as remarkable recent transformations of CDR institutions. The editor's conclusion reviews the characteristics, advantages and limitations of CDR institutions. A strong case is made for greater recognition of customary systems and better alliance with state justice, while safeguarding individual and minority rights. The editors suggest that the current context of greater decentralization opens up opportunities for pratical collaboration between the systems by promoting legal pluralism and reform, thereby enhancing local level justice delivery. The editors conclude by proposing a range of options for more meaningful partnership for consideration by policy makers, the legal profession and other stakeholders. In memory of Aberra Jembere and Dinsa Lepisa. Cover: Elders at peace ceremony in Arbore, 1993.
While there is a large, though inconclusive, literature on the impact of land titles in Africa, little attention has been devoted to the study of land conflict, despite evidence on increasing incidence of such conflicts. Deininger and Castagnini use data from Uganda to explore who is affected by land conflicts, whether recent legal changes have helped to reduce their incidence, and to assess their impact on productivity. Results indicate that female-headed households and widows are particularly affected and that the passage of the 1998 Land Act has failed to reduce the number of pending land conflicts. The authors also find evidence of a significant and quantitatively large productivity-reducing impact of land conflicts. This suggests that, especially in Africa, attention to land-related conflicts and exploration of ways to prevent and speedily resolve them would be an important area for policy as well as research. This paper--a product of Rural Development, Development Research Group--is part of a larger effort in the group to explore the impact of land policies.
Informal forms of justice such as mediation have been greeted enthusiastically as progress from the punishment model of justice -- and criticised as broadening rather than narrowing the reach of the criminal justice system. Here the contributors assess the evidence and re-appraise the theory of informalism.
In recent decades, the various strands of the food movement have made enormous strides in calling attention the many shortcomings and injustices of our food and agricultural system. Farmers, activists, scholars, and everyday citizens have also worked creatively to rebuild local food economies, advocate for food justice, and promote more sustainable, agroecological farming practices. However, the movement for fairer, healthier, and more autonomous food is continually blocked by one obstacle: land access. As long as land remains unaffordable and inaccessible to most people, we cannot truly transform the food system. The term land-grabbing is most commonly used to refer to the large-scale acquisition of agricultural land in Asian, African, or Latin American countries by foreign investors. However, land has and continues to be “grabbed” in North America, as well, through discrimination, real estate speculation, gentrification, financialization, extractive energy production, and tourism. This edited volume, with chapters from a wide range of activists and scholars, explores the history of land theft, dispossession, and consolidation in the United States. It also looks at alternative ways forward toward democratized, land justice, based on redistributive policies and cooperative ownership models. With prefaces from leaders in the food justice and family farming movements, the book opens with a look at the legacies of white-settler colonialism in the southwestern United States. From there, it moves into a collectively-authored section on Black Agrarianism, which details the long history of land dispossession among Black farmers in the southeastern US, as well as the creative acts of resistance they have used to acquire land and collectively farm it. The next section, on gender, explores structural and cultural discrimination against women landowners in the Midwest and also role of “womanism” in land-based struggles. Next, a section on the cross-border implications of land enclosures and consolidations includes a consideration of what land justice could mean for farm workers in the US, followed by an essay on the challenges facing young and aspiring farmers. Finally, the book explores the urban dimensions of land justice and their implications for locally-autonomous food systems, and lessons from previous struggles for democratized land access. Ultimately, the book makes the case that to move forward to a more equitable, just, sustainable, and sovereign agriculture system, the various strands of the food movement must come together for land justice.