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Since publication in 1957 the importance of Bohannan's study of judicial institutions and procedures among the Tiv has been widely recognized. It has contributed widely to the continuing discussion concerning the objectives and methods to be followed in the anthropological study of law and the contribution this makes to comparative jurisprudence. the work describes and defines Tiv ideas of 'law' as expressed in the operations of their courts known as Jir. The analysis is based on and illustrated by numerous cases which the author attended and discussed with leaders in the Jir.
This volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice—which it terms 'vindicatory'—wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace—or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue durée historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.
First published in 1976, this Routledge Revivals reissue presents an analysis of the Swat Pathans, the people of the North-West Frontier Province of Pakistan, who belong administratively to Pakistan despite being a fiercely independent group, with their own codes and ways of life. Akbar S. Ahmed, who knows the Swat Pathans well through his family connections, presents a clear and sophisticated analysis of their complex society. The study provides an anthropological and critical re-examination of the ethnography of the Swat Pathans and the author suggests specific alternative models of social organization. The book also represents an important contribution to the general debate in the social sciences between the ‘methodological individualists’ and the ‘methodological holists’, and challenges some of the theoretical and methodological premises in anthropology. In particular the author is critical of Professor Fredrik Barth’s study of Swat Pathans, for he believes that the ‘Swat models’ have inadvertently become the basis for generalized, and often incorrect, understanding of models of Pathan socio-political organization in the social sciences.
Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.