When Legal Worlds Overlap
Total Page：16
File Type：pdf, Size：1020Kb
Load more
Recommended publications
-
The Limits of Punishment Transitional Justice and Violent Extremism
i n s t i t u t e f o r i n t e g r at e d t r a n s i t i o n s The Limits of Punishment Transitional Justice and Violent Extremism May, 2018 United Nations University – Centre for Policy Research The UNU Centre for Policy Research (UNU-CPR) is a UN-focused think tank based at UNU Centre in Tokyo. UNU-CPR’s mission is to generate policy research that informs major UN policy processes in the fields of peace and security, humanitarian affairs, and global development. i n s t i t u t e f o r i n t e g r at e d t r a n s i t i o n s Institute for Integrated Transitions IFIT’s aim is to help fragile and conflict-affected states achieve more sustainable transitions out of war or authoritarianism by serving as an independent expert resource for locally-led efforts to improve political, economic, social and security conditions. IFIT seeks to transform current practice away from fragmented interventions and toward more integrated solutions that strengthen peace, democracy and human rights in countries attempting to break cycles of conflict or repression. Cover image nigeria. 2017. Maiduguri. After being screened for association with Boko Haram and held in military custody, this child was released into a transit center and the care of the government and Unicef. © Paolo Pellegrin/Magnum Photos. This material has been supported by UK aid from the UK government; the views expressed are those of the authors. -
Problematic Legal Pluralism: Causes and Some Potential ‘Cures’ 2014 Shaun Larcom1
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Apollo PROBLEMATIC LEGAL PLURALISM: CAUSES AND SOME POTENTIAL ‘CURES’ 2014 SHAUN LARCOM1 Abstract The tools of analytical positivism and economic analysis are applied to the phenomenon of legal pluralism. An analytical framework is developed to ascertain when legal pluralism is problematic in the control of wrongdoing. It is demonstrated that there are three specific cases; rivalrous compliance, sanctions for wrong behaviour that are deemed to be wrongs themselves and the uncoordinated sanctioning of common wrongs. Then there is a discussion of the consequences and some approaches that can be used to ameliorate each case that has been identified. It is hoped that this framework will be used to guide future practical and theoretical discussions on legal pluralism and its potential problems. Keywords: legal pluralism, law and economics, legal dissonance, norms, criminal law, religious law 1. INTRODUCTION This article provides a framework for organising and guiding theoretical and practical discussion that relates to the phenomenon of legal pluralism. It is suggested that legal pluralism can only become a truly useful concept for those concerned with institutional design if there is greater analytical clarity and a more systematic analysis of its problematic manifestations. It is hoped that this article provides some much needed progress in these areas, something that seems all the more important given that the term is growing both in recognition and use, especially by policy makers and development practitioners.2 We know that non-state groupings can greatly enhance the quality and meaning of people’s lives. -
Tol, Xeer, and Somalinimo: Recognizing Somali And
Tol , Xeer , and Somalinimo : Recognizing Somali and Mushunguli Refugees as Agents in the Integration Process A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF THE UNIVERSITY OF MINNESOTA BY Vinodh Kutty IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY David M. Lipset July 2010 © Vinodh Kutty 2010 Acknowledgements A doctoral dissertation is never completed without the help of many individuals. And to all of them, I owe a deep debt of gratitude. Funding for this project was provided by two block grants from the Department of Anthropology at the University of Minnesota and by two Children and Families Fellowship grants from the Annie E. Casey Foundation. These grants allowed me to travel to the United Kingdom and Kenya to conduct research and observe the trajectory of the refugee resettlement process from refugee camp to processing for immigration and then to resettlement to host country. The members of my dissertation committee, David Lipset, my advisor, Timothy Dunnigan, Frank Miller, and Bruce Downing all provided invaluable support and assistance. Indeed, I sometimes felt that my advisor, David Lipset, would not have been able to write this dissertation without my assistance! Timothy Dunnigan challenged me to honor the Somali community I worked with and for that I am grateful because that made the dissertation so much better. Frank Miller asked very thoughtful questions and always encouraged me and Bruce Downing provided me with detailed feedback to ensure that my writing was clear, succinct and organized. I also have others to thank. To my colleagues at the Office of Multicultural Services at Hennepin County, I want to say “Thank You Very Much!” They all provided me with the inspiration to look at the refugee resettlement process more critically and dared me to suggest ways to improve it. -
From Secular Democracy to Hindu Rashtra Gita Sahgal*
Feminist Dissent Hindutva Past and Present: From Secular Democracy to Hindu Rashtra Gita Sahgal* *Correspondence: secularspaces@ gmail.com Abstract This essay outlines the beginnings of Hindutva, a political movement aimed at establishing rule by the Hindu majority. It describes the origin myths of Aryan supremacy that Hindutva has developed, alongside the campaign to build a temple on the supposed birthplace of Ram, as well as the re-writing of history. These characteristics suggest that it is a far-right fundamentalist movement, in accordance with the definition of fundamentalism proposed by Feminist Dissent. Finally, it outlines Hindutva’s ‘re-imagining’ of Peer review: This article secularism and its violent campaigns against those it labels as ‘outsiders’ has been subject to a double blind peer review to its constructed imaginary of India. process Keywords: Hindutva, fundamentalism, secularism © Copyright: The Hindutva, the fundamentalist political movement of Hinduism, is also a Authors. This article is issued under the terms of foundational movement of the 20th century far right. Unlike its European the Creative Commons Attribution Non- contemporaries in Italy, Spain and Germany, which emerged in the post- Commercial Share Alike License, which permits first World War period and rapidly ascended to power, Hindutva struggled use and redistribution of the work provided that to gain mass acceptance and was held off by mass democratic movements. the original author and source are credited, the The anti-colonial struggle as well as Left, rationalist and feminist work is not used for commercial purposes and movements recognised its dangers and mobilised against it. Their support that any derivative works for anti-fascism abroad and their struggles against British imperialism and are made available under the same license terms. -
Introduction to Law and Legal Reasoning Law Is
CHAPTER 1: INTRODUCTION TO LAW AND LEGAL REASONING LAW IS "MAN MADE" IT CHANGES OVER TIME TO ACCOMMODATE SOCIETY'S NEEDS LAW IS MADE BY LEGISLATURE LAW IS INTERPRETED BY COURTS TO DETERMINE 1)WHETHER IT IS "CONSTITUTIONAL" 2)WHO IS RIGHT OR WRONG THERE IS A PROCESS WHICH MUST BE FOLLOWED (CALLED "PROCEDURAL LAW") I. Thomas Jefferson: "The study of the law qualifies a man to be useful to himself, to his neighbors, and to the public." II. Ask Several Students to give their definition of "Law." A. Even after years and thousands of dollars, "LAW" still is not easy to define B. What does law Consist of ? Law consists of enforceable rule governing relationships among individuals and between individuals and their society. 1. Students Need to Understand. a. The law is a set of general ideas b. When these general ideas are applied, a judge cannot fit a case to suit a rule; he must fit (or find) a rule to suit the unique case at hand. c. The judge must also supply legitimate reasons for his decisions. C. So, How was the Law Created. The law considered in this text are "man made" law. This law can (and will) change over time in response to the changes and needs of society. D. Example. Grandma, who is 87 years old, walks into a pawn shop. She wants to sell her ring that has been in the family for 200 years. Grandma asks the dealer, "how much will you give me for this ring." The dealer, in good faith, tells Grandma he doesn't know what kind of metal is in the ring, but he will give her $150. -
How Informal Justice Systems Can Contribute
United Nations Development Programme Oslo Governance Centre The Democratic Governance Fellowship Programme Doing Justice: How informal justice systems can contribute Ewa Wojkowska, December 2006 United Nations Development Programme – Oslo Governance Centre Contents Contents Contents page 2 Acknowledgements page 3 List of Acronyms and Abbreviations page 4 Research Methods page 4 Executive Summary page 5 Chapter 1: Introduction page 7 Key Definitions: page 9 Chapter 2: Why are informal justice systems important? page 11 UNDP’s Support to the Justice Sector 2000-2005 page 11 Chapter 3: Characteristics of Informal Justice Systems page 16 Strengths page 16 Weaknesses page 20 Chapter 4: Linkages between informal and formal justice systems page 25 Chapter 5: Recommendations for how to engage with informal justice systems page 30 Examples of Indicators page 45 Key features of selected informal justice systems page 47 United Nations Development Programme – Oslo Governance Centre Acknowledgements Acknowledgements I am grateful for the opportunity provided by UNDP and the Oslo Governance Centre (OGC) to undertake this fellowship and thank all OGC colleagues for their kindness and support throughout my stay in Oslo. I would especially like to thank the following individuals for their contributions and support throughout the fellowship period: Toshihiro Nakamura, Nina Berg, Siphosami Malunga, Noha El-Mikawy, Noelle Rancourt, Noel Matthews from UNDP, and Christian Ranheim from the Norwegian Centre for Human Rights. Special thanks also go to all the individuals who took their time to provide information on their experiences of working with informal justice systems and UNDP Indonesia for releasing me for the fellowship period. Any errors or omissions that remain are my responsibility alone. -
1521117400Saumyaumamod
1 2 MODULE 2: ROLE OF NGOS IN PROTECTING HUMAN RIGHTS - CASE STUDIES OF SOME INTERNATIONAL NGOs Component I(A) - Personal Details: Role Name Affiliation Principal Investigator Prof. (Dr.) Ranbir Singh Vice Chancellor, National Law University, Delhi Co-Principal Investigator Prof. (Dr.) G.S.Bajpai Registrar, National Law University, Delhi Paper Coordinator Prof. (Dr.) Arvind Tiwari Dean, School of Law, Rights and Constitutional Governance, Tata Institute of Social Sciences (TISS) Content Writer / Author Ms. Saumya Uma Assistant Professor, Maharashtra National Law University (MNLU) Mumbai Content Reviewer Prof. (Dr.) Arvind Tiwari Dean, School of Law, Rights and Constitutional Governance, Tata Institute of Social Sciences (TISS) Component I(B) - Description of Module: Subject Law Paper Criminal Justice and Human Rights Unit IV: Role of NGOs / Civil Society in Protecting Human Rights Module title Role of NGOs in Protecting Human Rights – Case Studies of Some International NGOs Module ID Learning Objectives • To understand the work of international NGOs • To familiarize with some prominent international NGOs and their strategies, approaches and activities on human rights • To comprehend the interface between international NGOs and the United Nations in protecting human rights Pre-requisites An overview of the work of human rights NGOs Key words INGOs, human rights, campaign, advocacy, development, ECOSOC status 3 1. INTRODUCTION NGOs play an increasingly significant role in upholding human rights, and in implementing human rights standards in the present context. An international NGO (INGO) has similar vision, mission and mandate as national and state level NGOs; however, their sphere of work cuts across geographical borders, as their work extends to many countries and country-specific human rights issues. -
Terror/Torture Karima Bennoune
Berkeley Journal of International Law Volume 26 | Issue 1 Article 1 2008 Terror/Torture Karima Bennoune Recommended Citation Karima Bennoune, Terror/Torture, 26 Berkeley J. Int'l Law. 1 (2008). Available at: http://scholarship.law.berkeley.edu/bjil/vol26/iss1/1 This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of International Law by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact [email protected]. Bennoune: Terror/Torture Terror/Torture By Karima Bennoune* ABSTRACT In the face of terrorism, human rights law's requirement that states "respect and ensure" rights necessitates that states take active steps to safeguard their populations from violent attack, but in so doing do not violate rights. Security experts usually emphasize the aspect of ensuring rights while human rights ad- vocates largely focus on respecting rights. The trick, which neither side in the debate has adequately referenced, is that states have to do both at the same time. In contrast to these largely one-sided approaches, adopting a radical universalist stance, this Article argues that both contemporary human rights and security dis- courses on terrorism must be broadened and renewed. This renewal must be in- formed by the understanding that international human rights law protects the in- dividual both from terrorism and the excesses of counter-terrorism, like torture. To develop this thesis, the Article explores the philosophical overlap between both terrorism and torture and their normative prohibitions. -
Legal Pluralism, Sharia Courts, and Constitutional Issues in Ethiopia * *
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by IDS OpenDocs Legal Pluralism, Sharia Courts, and Constitutional Issues in Ethiopia * * Mohammed Abdo * Abstract State laws employ different approaches in addressing the effect of pluralistic normative ordering in a multicultural setting. A legal regime may resort to the uniform application of state laws and reject religious and customary norms, or may recognize and allow the application of the norms and practices of identity groups as long as they are in conformity with constitutional and human rights standards. Another option is to adopt a hands-off approach whereby the norms and practices of cultural and/or religious groups are permitted to operate and are not necessarily required to meet constitutional and human rights standards. Against the backdrop of the notion of legal pluralism adopted by the FDRE Constitution, this article examines whether final decisions rendered by sharia courts in Ethiopia are required to meet constitutional standards (such as the supremacy clause, gender equality and non-discrimination). Based on the analysis of the relevant provisions of the law and literature, it is argued that decisions of sharia courts (whose jurisdiction is not compulsory, but based on the consent of litigating parties) seem to be exempted from constitutional standards even where they may be in conflict with state laws. Key words: Legal pluralism, sharia courts, constitutional standards, a hand-off approach, Ethiopia. Introduction The 1995 Federal -
International Criminal Justice, Legal Pluralism, and the Margin of Appreciation Lessons from the European Convention on Human Rights
\\jciprod01\productn\H\HLH\33-1\HLH102.txt unknown Seq: 1 14-SEP-20 9:53 International Criminal Justice, Legal Pluralism, and the Margin of Appreciation Lessons from the European Convention on Human Rights Fr´ed´eric M´egret1 Abstract: This Article explores the potential of the margin of appreciation to conceptualize the pluralism of international criminal justice. A growing debate in international criminal justice concerns the extent to which it can and ought to be conceived pluralistically. That debate has often remained theoretical, however, lacking a broad understanding of how that pluralism could be justified and implemented in international law. This Article ar- gues that the notion of the margin of appreciation, as developed in the jurisprudence of the European Court of Human Rights, makes an impor- tant contribution to our understanding of the potential pluralism of inter- national criminal justice. Developed as a tool to reconcile European human rights principles with the diversity of European societies, the margin of appreciation provides arguments to better justify pluralism as both prag- matic and principled. Moreover, the margin of appreciation provides gui- dance in considering how far domestic criminal justice systems should stray from central norms of international criminal justice. The article concludes with some thoughts on the way forward in forging a pluralistic interna- tional criminal justice jurisprudence that does not sacrifice a universalist commitment. TABLE OF CONTENTS The Case for Pluralism: The View from the Margin of Appreciationv ......................................... 67 R The Merely Pragmatic Case for Pluralism .................. 68 R 1. Full Professor and Dawson Scholar, Faculty of Law, McGill University. -
A Decade Lost I ABOUT the AUTHORS
A DECADE LOST i ABOUT THE AUTHORS The Center for Human Rights and Global Justice (CHRGJ) brings together and expands the rich array of teaching, research, clinical, internship, and publishing activities undertaken within New York University (NYU) School of Law on international human rights issues. Philip Alston and Ryan Goodman are the Center’s Faculty co-Chairs; Smita Narula and Margaret Satterthwaite are Faculty Directors; Jayne Huckerby is Research Director; and Veerle Opgenhaffen is Senior Program Director. The Global Justice Clinic (GJC) at NYU School of Law provides high quality, professional human rights lawyering services to individual clients and non-governmental and inter-governmental human rights organizations, partnering with groups based in the United States and abroad. Working as legal advisers, counsel, co-counsel, or advocacy partners, Clinic students work side-by-side with human rights activists from around the world. The Clinic is directed by Professor Margaret Satterthwaite and in Fall 2010 to Spring 2011 was co-taught with Adjunct Assistant Professor Jayne Huckerby; Diana Limongi is Clinic Administrator. All publications and statements of the CHRGJ can be found at its website: www.chrgj.org. This Report should be cited as: Center for Human Rights and Global Justice, A Decade Lost: Locating Gender in U.S. Counter-Terrorism (New York: NYU School of Law, 2011). © NYU School of Law Center for Human Rights and Global Justice A DECADE LOST 1 ACKNOWLEDGEMENTS The Global Justice Clinic (GJC)/Center for Human Rights and Global Justice (CHRGJ) at New York University (NYU) School of Law acknowledges the following individuals for their contributions in the preparation of this report. -
Global Legal Pluralism As a Normative Project
GW Law Faculty Publications & Other Works Faculty Scholarship 2018 Global Legal Pluralism as a Normative Project Paul Schiff Berman George Washington University Law School, [email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation Berman, Paul Schiff, Global Legal Pluralism as a Normative Project (2018). 8 UC Irvine L. Rev. 149 (2018).; GWU Law School Public Law Research Paper No. 2018-76; GWU Legal Studies Research Paper No. 2018-76. Available at SSRN: https://ssrn.com/abstract=3288690 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. First to Printer_Berman (Do Not Delete) 8/30/2018 10:42 AM Global Legal Pluralism as a Normative Project Paul Schiff Berman* Introduction ..................................................................................................................... 149 I. Global Legal Pluralism As a Descriptive Project ................................................... 154 II. From Descriptive to Normative .............................................................................. 156 III. Legal Pluralism and the Idea of Communication Across Difference ............. 158 IV. Building a Normative Global Legal Pluralism ..................................................... 161