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The Politics of Informal Justice
Volume 2: Comparative Studies
- 1st Edition - June 28, 2014
- Author: Richard L. Abel
- Language: English
- eBook ISBN:9 7 8 - 1 - 4 8 3 2 - 9 7 3 5 - 4
The Politics of Informal Justice, Volume 2 demonstrates the existence of examples of informal justice in every society, practicing a wide range of political ideology. The book… Read more
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Request a sales quoteThe Politics of Informal Justice, Volume 2 demonstrates the existence of examples of informal justice in every society, practicing a wide range of political ideology. The book situates contemporary experiments with informal justice in a broad comparative and historical perspective. It identifies the characteristics and common elements of informal justice in four settings: in precapitalist societies and contemporary Third World nations; under liberal capitalism, social democracy, and fascism; and in socialist revolutions and established socialist regimes. The text will be of interest to political scientists, sociologists, historians, and those concerned in the study of legal systems.
List of Contributors
1 Introduction
I Nonindustrial Societies
2 The Social Organization of Mediation in Nonindustrial Societies: Implications for Informal Community Justice in America
Introduction
Mediation in Small-Scale Societies
Characteristics of Mediation in Small-Scale Societies
Community Mediation Programs in Contemporary America
Conclusions
References
3 In Search of Nyaya Panchayats: The Politics of a Moribund Institution
Introduction
Historical Background
Decentralization and Panchayati Raj
Nyaya Panchayats in Bharatpur
Ideological and Structural Dimensions of Nyaya Panchayats: Operations
Nyaya Panchayats in Action: Caseload, Process, Politics, and Alternative Forums
Conclusion: Nyaya Panchayats and the Pattern of Disputing in Rural India
Appendix
References
II The Drift Toward Fascism
4 Individualistic and Collective Legalization: The Theory and Practice of Legal Advice for Workers in Prefascist Germany
Toward a Theory of Legalization in Antagonistic Societies
The Historical Conditions of Legal Advice in Prefascist Germany
The Workers' Offices
Public Legal Advice Centers and the Peace of Law Movement
Conclusion
References
5 The Politics of Informal Justice: The Japanese Experience, 1922-1942
The Impetus toward Conciliation
The Critics' Response
An Appraisal
References
6 The Discourse of Summary Justice and the Discourse of Popular Justice: An Analysis of Legal Rhetoric in Argentina
Introduction
Two Models of the Administration of Justice
The Model of Popular Justice
The Model of Summary Justice: The Argentine Case
The Discourses of Summary Justice and Popular Justice
Summary Justice: The Arrogance of Discourse
Conclusion
References
III Liberal Capitalism
7 The Movement toward Procedural Informalism in North America and Western Europe: A Critical Survey
"Making Rights Effective Conciliation
Diversion
Constitutionalism and Procedural Informalism
Procedural Informalism and the Prospects for Social Change in the Welfare State
References
IV The Revolutionary Situation
8 Institutionalizing Neighborhood Courts: Two Chilean Experiences
Introduction
Origins of the Neighborhood Courts
Operation of the Professional Neighborhood Court
The Squatter Settlement Courts
Conclusion
References
9 Law and Revolution in Portugal: The Experiences of Popular Justice after the 25th of April 1974
Introduction
The Experiences of Popular Justice
Popular Justice in the Context of the Portuguese Revolution
An Evaluation of Popular Justice in the Revolutionary Process
Reflections
References
10 A Socialist Legal System in the Making: Mozambique before and after Independence
The Colonial Legal System: An Overview
Frelimo, The Liberated Zones, and the Birth of an Informal Legal System
The Transitional Phase and the Role of the "Dynamizing Groups" in Extending Popular Justice
Independence and the Institutionalization of a Formal Legal System
Conclusion
References
About the Authors
Subject Index
- No. of pages: 338
- Language: English
- Edition: 1
- Published: June 28, 2014
- Imprint: Academic Press
- eBook ISBN: 9781483297354
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