Description:
"...Informal or non-state justice systems are umbrella terms often used to describe mechanisms of
justice and conflict resolution that operate outside the bounds of a formal, state-based legal system.
These may include, but are not limited to, indigenous, customary and religious legal orders,
alternative dispute resolution mechanisms and popular justice forums.
This book is concerned primarily with customary justice systems, sometimes also referred to as
?traditional justice systems?. While the diversity of such systems makes generalization difficult, for
the purposes of this book, ?customary justice? refers to a system of customs, norms and practices
that are repeated by members of a particular group for such an extent of time that they consider
them to be mandatory. Customary systems tend to draw their authority from cultural, customary
or religious beliefs and ideas, rather than the political or legal authority of the state. As such,
provided that it has not been incorporated into state law, customary law is only law to the extent that
the people who follow it, voluntarily or otherwise, consider it to have the status of law.
Customary justice systems are as much social or political orders as they are legal orders; customary
law generally comprises descriptions of what a community does as well as prescriptions as to what
its members should do. These norms and rules are actively produced, enforced and recreated
through processes of participation and contestation. Customary law can therefore be dynamic,
adaptable and flexible, and any written version of it is likely to become quickly outdated. Factors as
diverse as ecology, socio-economics, proximity to the state system, and religious beliefs all
contribute to the development of customary law. These factors explain why the precepts of
customary justice systems can differ greatly over small distances, and why there may be several
versions of customary law co-existing in one place, in competition with each other as well as the
state system..."
Source/publisher:
International Development Law Organization (IDLO)
Date of Publication:
2011-00-00
Date of entry:
2015-07-27
Grouping:
- Individual Documents
Category:
Language:
English
Local URL:
Format:
pdf
Size:
1.13 MB