The Hybrid Courts of Melanesia PDF Download

Author: Daniel Evans (Lawyer)
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 42

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Author: Joanne Wallis
Publisher: ANU Press
ISBN: 1760461849
Category : Psychology
Languages : en
Pages : 361

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Book Description
Hybridity on the Ground in Peacebuilding and Development engages with the possibilities and pitfalls of the increasingly popular notion of hybridity. The hybridity concept has been embraced by scholars and practitioners in response to the social and institutional complexities of peacebuilding and development practice. In particular, the concept appears well-suited to making sense of the mutually constitutive outcomes of processes of interaction between diverse norms, institutions, actors and discourses in the context of contemporary peacebuilding and development engagements. At the same time, it has been criticised from a variety of perspectives for overlooking critical questions of history, power and scale. The authors in this interdisciplinary collection draw on their in‑depth knowledge of peacebuilding and development contexts in different parts of Asia, the Pacific and Africa to examine the messy and dynamic realities of hybridity ‘on the ground’. By critically exploring the power dynamics, and the diverse actors, ideas, practices and sites that shape hybrid peacebuilding and development across time and space, this book offers fresh insights to hybridity debates that will be of interest to both scholars and practitioners. ‘Hybridity has become an influential idea in peacebuilding and this volume will undoubtedly become the most influential collection on the idea. Nuance and sophistication characterises this engagement with hybridity.’ — Professor John Braithwaite

Author: Miranda Forsyth
Publisher: ANU Press
ISBN: 1925021572
Category :
Languages : en
Pages : 345

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Sorcery and witchcraft practices and beliefs are pervasive across Melanesia. They are in part created by, and give rise to, a wide variety of poor social and developmental outcomes. These include uneven economic development, low public health, lack of social cohesion, crime, fear and insecurity. A further very visible problem is the attacks on men and women who are accused of being practitioners of witchcraft or sorcery, which can lead to serious bodily harm, banishment and sometimes death. Today, many communities, individuals, church organisations and policymakers in Melanesia and internationally are exploring ways to overcome the negative social outcomes associated with witchcraft and sorcery practices and beliefs. This book brings together a collection of chapters written by a diverse range of authors, both Melanesian and non-Melanesian, providing crucial insights both into how these practices and beliefs are playing out in contemporary Melanesia, and also the types of interventions that are being trialled or debated to address the problems associated with them.

Author: Linn A. Hammergren
Publisher: Routledge
ISBN: 1317810260
Category : Law
Languages : en
Pages : 278

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This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.

Author: Aletta Biersack
Publisher: ANU Press
ISBN: 1760460710
Category : Social Science
Languages : en
Pages : 398

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The postcolonial states of Fiji, Papua New Guinea and Vanuatu operate today in a global arena in which human rights are widely accepted. As ratifiers of UN treaties such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, these Pacific Island countries have committed to promoting women’s and girls’ rights, including the right to a life free of violence. Yet local, national and regional gender values are not always consistent with the principles of gender equality and women’s rights that undergird these globalising conventions. This volume critically interrogates the relation between gender violence and human rights as these three countries and their communities and citizens engage with, appropriate, modify and at times resist human rights principles and their implications for gender violence. Grounded in extensive anthropological, historical and legal research, the volume should prove a crucial resource for the many scholars, policymakers and activists who are concerned about the urgent and ubiquitous problem of gender violence in the western Pacific. ‘This is an important and timely collection that is central to the major and contentious issues in the contemporary Pacific of gender violence and human rights. It builds upon existing literature … but the contributors to this volume interrogate the connection between these two areas deeply and more critically … This book should and must reach a broad audience.’ — Jacqui Leckie, Associate Professor, Anthropology and Archaeology, University of Otago ‘The volume addresses the tensions between human and cultural, individual and collective rights, as played out in the domain of gender … Gender is a perfect lens for exploring these tensions because cultural rights are often claimed in defence of gender oppression and because women often have imposed upon them the burden of representing cultural traditions in attire, comportment, restraint or putatively cultural conservatism. And Melanesia is a perfect place to consider these gendered issues because of the long history of ethnocentric representations of the region, because of the extent to which these are played out between states and local cultures and because of the efforts of the vibrant women’s movements in the region to develop locally workable responses to the problems of gender violence in these communities.’ — Christine Dureau, Senior Lecturer, Anthropology, University of Auckland

Author: Matthew G Allen
Publisher: University of Hawaii Press
ISBN: 0824839226
Category : Social Science
Languages : en
Pages : 266

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This work offers important new perspectives on the violence and unrest that gripped Solomon Islands between late 1998 and mid-2003, a period known as the Ethnic Tension. Based on in-depth interviews and documents associated with the “Tension Trials,” it is the first detailed account of the conflict that engages directly with the voices of the men who joined the rival militant groups. These contemporary voices are presented against the backdrop of the socioeconomic and cultural history of Solomon Islands. The findings provide a refreshing corrective to the pervasive framing of the Isatabu uprising and the Malaitan response as essentially criminal and apolitical activities driven by the self-interest of those who participated in them. Alternative motives for the men who participated in the Solomons conflict are elucidated, foremost of which are their own conceptions of history and of the places of their respective peoples in the historical processes of colonization, development, and nation-building. Uneven development, relative deprivation and rapid socioeconomic and cultural change are highlighted as salient structural causes of the unrest.

Author: Melanie G. Wiber
Publisher: LIT Verlag Münster
ISBN: 3643998732
Category : Law
Languages : en
Pages : 285

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This special issue contains papers on international development interventions that offer support to justice and security reforms in so-called "fragile states." Following an introduction by guest editor Helene Maria Kyed, the book includes papers on: justice and security architecture in Africa * reconfiguring state and non-state actors in the provision of safety in (South) Africa - implications for bottom-up policing arrangements and for donor funding * the consequences of ideals-oriented rule of law policy-making in Liberia * the politics of customary law ascertainment in South Sudan * hybrid and 'everyday' political ordering - constructing and contesting legitimacy in Somaliland * spinning a conflict management web in Vanuatu - creating and strengthening links between state and non-state legal institutions * decentralized power and traditional authorities - how power determines access to justice in Sierra Leone * delivering justice - the changing gendered dynamics of land tenure in Botswana. (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 63)

Author: Melissa Demian
Publisher: ANU Press
ISBN: 1760466123
Category : Law
Languages : en
Pages : 210

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The introduction of village courts in Papua New Guinea in 1975 was an ambitious experiment in providing semi-formal legal access to the country’s overwhelmingly rural population. Nearly 50 years later, the enthusiastic adoption of these courts has had a number of ramifications, some of them unanticipated. Arguably, the village courts have developed and are working exactly as they were supposed to do, adapted by local communities to modes and styles consistent with their own dispute management sensibilities. But with little in the way of state oversight or support, most village courts have become, of necessity, nearly autonomous. Village courts have also become the blueprint for other modes of dispute management. They overlap with other sources of authority, so the line between what does and does not constitute a ‘court’ is now indistinct in many parts of the country. Rather than casting this issue as a problem for legal development, the contributors to Grassroots Law in Papua New Guinea ask how, under conditions of state withdrawal, people seek to retain an understanding of law that holds out some promise of either keeping the attention of the state or reproducing the state’s authority.

Author: Chris Gregory
Publisher: ANU Press
ISBN: 1760462012
Category : Social Science
Languages : en
Pages : 245

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Book Description
The study of the quest for the good life and the morality and value it presupposes is not new. To the contrary, this is an ancient issue; its intellectual history can be traced back to Aristotle. In anthropology, the study of morality and value has always been a central concern, despite the claim of some scholars that the recent upsurge of interest in these issues is new. What is novel is how scholars in many disciplines are posing the value question in new ways. The global economic alignments of the present pose many political, moral and theoretical questions, but the central issue the essays in this collection address is: how do relatively poor people of the Australia-Pacific region survive in current precarious times? In looking to answer this question, contributors directly engage the values and concepts of their interlocutors. At a time when understanding local implications of global processes is taking on new urgency, these essays bring finely honed anthropological perspectives to matters of universal human concern-they offer radical empirical critique based on intensive fieldwork that will be of great interest to those seeking to comprehend the bigger picture.

Author: Renée Jeffery
Publisher: Springer
ISBN: 1137596953
Category : Political Science
Languages : en
Pages : 280

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This book examines the practice of transitional justice in the Solomon Islands from the period of the ‘The Tensions’ to the present. In late 1998, the Solomon Islands were plunged into a period of violent civil conflict precipitated by a complex web of grievances, injustices, ethnic tensions, and economic insecurities. This conflict dragged on until the middle of 2003, leaving an estimated 200 people dead and more than 20 000 displaced from their homes. In the time that has elapsed since the end of The Tensions, numerous—at times incompatible—approaches to transitional justice have been implemented in the Solomon Islands. The contributors to this volume examine how key global trends and debates about transitional justice were played out in the Solomon Islands, how its key mechanisms were adapted to meet the specific demands of post-conflict justice in this local context, and how well its practices and processes fulfilled their perceived functions.