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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.
In this book Charles Mwalimu explores viable grassroots representation mechanisms in African constitutions in order to positively integrate indigenous and modern systems in Sub-Saharan Africa. A comparative study method is used to examine the constitutional principles of chieftaincy and local government and their impact on human rights. To establish and prove lack of positive integration Mwalimu connects this failure to poor constitutionalism, development and stultified growth and human rights violations. This book proposes remedial actions to build nondiscriminatory constitutional regimes eradicating violations of human rights.
This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.
The Routledge Companion to Contemporary Anthropology is an invaluable guide and major reference source for students and scholars alike, introducing its readers to key contemporary perspectives and approaches within the field. Written by an experienced international team of contributors, with an interdisciplinary range of essays, this collection provides a powerful overview of the transformations currently affecting anthropology. The volume both addresses the concerns of the discipline and comments on its construction through texts, classroom interactions, engagements with various publics, and changing relations with other academic subjects. Persuasively demonstrating that a number of key contemporary issues can be usefully analyzed through an anthropological lens, the contributors cover important topics such as globalization, law and politics, collaborative archaeology, economics, religion, citizenship and community, health, and the environment. The Routledge Companion to Contemporary Anthropology is a fascinating examination of this lively and constantly evolving discipline.
This edited volume presents, for the first time, a history of anthropology regarding not only the well-known European and American traditions, but also lesser-known traditions, extending its scope beyond the Western world. It focuses on the results of these traditions in the present. Taking into account the distinction between empire-building and nation-building anthropology, introduced by G. Stocking and taken up by U. Hannerz, the book investigates different histories of anthropology, especially in ex-colonial and marginal contexts. It highlights how the hegemonic anthropologies have been accepted and assimilated in local contexts, which approaches have been privileged by institutions and academies in different locations, how the anthropological approach has been modelled and adapted according to specific knowledge requirements related to the cultural features of different areas, and which schools emerge as the most consolidated today. Each chapter presents a “cultural history” of one of the historical-cultural and geo-political contexts that influenced and produced the specific disciplinary traditions. The chapters highlight the local contributions to the discipline, the influences that the world centres have on the peripheries, but also the ways in which the peripheries have “learned from the centres” in order to re-elaborate meaningful or otherwise recognisable disciplinary lines.
Dr. E. C. Djamson, a distinguished Ghanaian Lawyer and Diplomat, has put political scientists and students of international law into his debt. His work is an important contribution to the literature of Afro-European co operation. He examines the history of relations between the European Economic Community and the Associated African States; he provides a thorough analysis of the international institutions and of the wider political, economic and legal problems involved in Afro-European co-operation. The author is concerned with the manner in which African sovereign states are now able to enter into relations with Europe on a basis of legal equality. He emphasizes the principles involved in the law of nations; this should comprise, not merely "civilized" law in traditional parlance, but also Mrican customary law. As Dr. Djamson puts it, "the international community can no longer afford to ignore the principles of law peculiar to the so-called Third World . . . after all the 'general principles of law recognized by civilized nations' are not at variance with the basic ideas of law andjustice as understood by the newcomers to the international scene. " At the same time, both the new states and the old, established powers must accept those obligations that derive from their being signatories to international agreement. Adherence to the principle of pacta sunt obser vanda does not violate sovereignty, but of itself gives evidence of a country's maturity and ability to co-exist with other sovereign entities. Dr.
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.