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Author:
Publisher: UN
Published: 2016
Total Pages: 79
ISBN-13: 9789211542165
DOWNLOAD EBOOKThis publication defines the nature and characteristics of traditional justice systems, including issues related to jurisdiction, community involvement, composition, and a primary focus on restorative justice.
Author: Chielozona Eze
Publisher: Routledge
Published: 2021-04-15
Total Pages: 179
ISBN-13: 1000376273
DOWNLOAD EBOOKJustice and Human Rights in the African Imagination is an interdisciplinary reading of justice in literary texts and memoirs, films, and social anthropological texts in postcolonial Africa. Inspired by Nelson Mandela and South Africa’s robust achievements in human rights, this book argues that the notion of restorative justice is integral to the proper functioning of participatory democracy and belongs to the moral architecture of any decent society. Focusing on the efforts by African writers, scholars, artists, and activists to build flourishing communities, the author discusses various quests for justice such as environmental justice, social justice, intimate justice, and restorative justice. It discusses in particular ecological violence, human rights abuses such as witchcraft accusations, the plight of people affected by disability, homophobia, misogyny, and sex trafficking, and forgiveness. This book will be of interest to scholars of African literature and films, literature and human rights, and literature and the environment.
Author: Theo Gavrielides
Publisher: Springer Nature
Published: 2021-09-20
Total Pages: 365
ISBN-13: 303074874X
DOWNLOAD EBOOKThis 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.
Author: Yvon Dandurand
Publisher: United Nations Publications
Published: 2006
Total Pages: 0
ISBN-13: 9789211337549
DOWNLOAD EBOOKThe present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community
Author: Sujith Xavier
Publisher: Routledge
Published: 2021-05-24
Total Pages: 271
ISBN-13: 100039655X
DOWNLOAD EBOOKThis book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
Author: Donjohn Otene Omale
Publisher:
Published: 2012
Total Pages: 0
ISBN-13: 9789058508614
DOWNLOAD EBOOKThis well-researched book provides a comparative discourse, along with Afro-centric knowledge, to the body of literature in restorative justice and victimology. The findings that are presented demonstrate the potential benefits of restorative justice to governments and victims who may want to implement and participate in restorative justice. These include the "community crimino-vigilance," "crimino-econometrics," and "value for money" (vfm) potentials of restorative justice policy to governments. For some victims of crime, the possibility of getting an answer to the "why me?" question which victims often ask, provides victimoautological or self-policing strategy to preventing revictimisation, and a vehicle to intra-personal harmony, reduction in fear of crime, and inter-personal reconciliation. Perhaps to some victims of crime, restorative justice is not only seen as a model of justice that gives them voice, but also as a "harmony restoration therapy." For the international audience, the book suggests that the Afro-centric knowledge is imperative to international academia and practitioners who often are commissioned to chair dispute resolution mechanisms in Africa. The success or failure of their efforts in resolving disputes in Africa could strongly be dependent on their knowledge of the core African philosophy of thoughts: cosmology (African worldview of conflict, crime, and reconciliation), axiology (African values of restoration), ontology (African nature and conception of persons), and epistemology (source of knowledge for Africans).
Author: Ann Skelton
Publisher: Institute for Security Studies
Published: 2006
Total Pages: 168
ISBN-13:
DOWNLOAD EBOOKThis publication is based on a project that sought to document current projects implementing restorative justice in South Africa. But what concrete progress has been made? Who is delivering direct restorative justice services to victims and offenders? What are the scope and quality of these services?
Author: Lucien Huyse
Publisher: International IDEA
Published: 2008
Total Pages: 0
ISBN-13: 9789185724284
DOWNLOAD EBOOKThis book presents the findings of a major comparative study examining the role played by traditional justice mechanisms in dealing with the legacy of violent conflict in Africa. It focuses on case studies of five countries -- Rwanda, Mozambique, Uganda, Sierra Leone and Burundi - that are used as the basis for outlining conclusions and options for future policy development in the related areas of post-conflict reconstruction, democracy building and development. "Traditional Justice & Reconciliation After Violent Conflict" suggests that in some circumstances traditional mechanisms can effectively complement conventional judicial systems and represent a real potential for promoting justice, reconciliation and a culture of democracy. At the same time it cautions against unrealistic expectations of traditional structures and offers a sober, evidence-based assessment of both the strengths and the weaknesses of traditional conflict management mechanisms within the broader framework of post-conflict social reconstruction efforts. The book is intended to serve both as a general knowledge resource and as a practitioner's guide for national bodies seeking to employ traditional justice mechanisms, as well as external agencies aiming to support such processes.
Author: Jean Chrysostome K. Kiyala
Publisher: Springer
Published: 2018-07-18
Total Pages: 538
ISBN-13: 3319900714
DOWNLOAD EBOOKThis book investigates how, while children used as soldiers are primarily perceived as victims of offences against international law, they also commit war atrocities. In the aftermath of armed conflict, the mainstream justice system targets warlords internationally, armed groups and militias’ commanders who abduct and enrol children as combatants, leaving child perpetrators not being held accountable for their alleged gross human rights violations. Attempts to prosecute child soldiers through the mainstream justice system have resulted in child rights abuses. Where no accountability measures have been taken, demobilised young soldiers have experienced rejection, and eventually, some have returned to soldiering. This research provides evidence of the potential of restorative justice peacemaking circles and locally-based jurisprudence – specifically the Baraza - to hold former child soldiers accountable and facilitate their reintegration into society.
Author: Sindiso Mnisi Weeks
Publisher: Routledge
Published: 2017-11-22
Total Pages: 423
ISBN-13: 1351669567
DOWNLOAD EBOOKFor most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.
