Promoting the Rule of Law in Post-Conflict States
@inproceedings{Grenfell2013PromotingTR, title={Promoting the Rule of Law in Post-Conflict States}, author={Laura Grenfell}, year={2013} }
Part I: 1. Introduction 2. The globalised relationship between the rule of law and legal pluralism 3. The conceptual relationship between the rule of law and legal pluralism in post-conflict states Part II: 4. 'One law for one nation' - how the rule of law and legal pluralism figure in South Africa's constitutional dispensation 5. Can the rule of law and legal pluralism assist 'the most vulnerable groups' in South Africa? Part III: 6. Founding a legal system in post-conflict Timor-Leste 7…
26 Citations
Popular Governance of Post-Conflict Reconstruction: The Role of International Law
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The paper focuses on the application of a particular conception of the rule of law to situations characterized by traditional local justice and legal pluralism. While in the twentieth century…
Emergent Hybrid Legality: A Study of Legal Encounters in the DRC
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ABSTRACT Rule of law (ROL) building interventions have been critiqued for ignoring local norms and culture. This problem has defined ROL interventions in the eastern Democratic Republic of Congo,…
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Hijacking the rule of law in postconflict environments
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Abstract The positive effects of rule of law norms and institutions are often assumed in the peacebuilding literature, with empirical work focusing more on processes of compliance with international…
The conundrum of cross-cultural understanding in the practice of law
- Law
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ABSTRACT In many countries, there are distinct communities that administer justice following their own laws. Often this informal justice is not regulated by official state law. This situation can be…
Indigenous Customary Law and Norwegian Domestic Law: Scenes of a (Complementary or Mutually Exclusive) Marriage?
- Law, Political ScienceLaws
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Articles 27 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognise Indigenous Peoples’ laws. Art. 34 gives Indigenous Peoples the right to maintain their…
Legal pluralism, social theory, and the state
- LawThe Journal of Legal Pluralism and Unofficial Law
- 2018
Abstract Legal pluralism has seen a marked rise in interest since the turn of the century. While long rejected in legal studies, legal pluralism is now widely accepted, not least in light of the…
The pursuit of the rule of law within a pluri-legal environment: Female circumcision—a case study
- Law
- 2014
In nations where state law is in conflict with traditional or customary law, significant issues can arise regarding the implementation of and adherence to national laws. A thorough understanding of…
The Mythology of International Rule-of-Law Promotion
- LawLaw & Social Inquiry
- 2019
In 1992 Peter Fitzpatrick published The Mythology of Modern Law, a work that exposed the constitutive relation between Europe’s racialized imperialism and its conception of modern law. In the three…
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