Categories: Law and different forms of regulation/Anthropology of justice

Sílvia Gómez (2005) Orden y conflicto en tierras catalanas de frontera (1799-1850). Lleida: Universitat de Lleida, pp. 214

Abstract: I analysed the relationship between legal law and local juridical culture (customary law) through the study of dispute resolutions and court cases in the border region between north-eastern Spain and South-eastern France during the 19th century. The results shows how local values and local juridical culture prevailed by interacting with the judicial ordering of the State at contrary of that it could be expected of the centralization and standardization of law that was taking place at that time. The conflict resolutions permeate how local society is reproduced on the basis of social relationships of gender, age and class which are negotiated in every trial and dispute resolution. The local and moral values persist by interacting with legal law.

Sílvia Gómez (2007) “Une aproche anthropologique de la médiation pénale à Montpellier” in Droit et Sciences Sociales, Montpellier: Presses de la Université de Montpellier. Pp. 253-275

Abstract:
This paper focused on new forms of governance and legal systems of regulation, such as mediation systems, that seek to promote the involvement of civil society and communities in management and conflict resolution. The increase of complaints motivated by small disputes shows the progressive “judicialization” of society, cultural heritage of a liberal political and economic model stemming from the 19th century which is characterized by conflict aggravated by a spirit of competition, opposition of rights and claims. Since the 1980s and 1990s, the French penal system has resorted to alternative measures of resolution of conflicts which are less repressive, particularly with regard to penal mediation (1993). This shows itself within the framework of a return to a more liberal but secure State trying to favour a) “debureaucratization” which frees the justice system from an overload of small cases and b) the integration of a more participative political and legal culture which tends to the deverticalization of the State, the proceduralization and integration in the legal and political devices of moral requirements which are more sensitive to the social and cultural heterogeneousness of French society. The results show that the mediation: 1) serves for framing the part of the plaintiffs until then ignored in French society by the penal justice system, 2) it allows to convey the moral justice of the parties (the lived of the justice), 3) it involves the social devices of the justice, but also 4) it reproduces the traditional judicial system

-Law and different forms of regulation and the anthropology of justice

Sílvia Gómez Mestres (2007) “Une aproche anthropologique de la médiation pénale à Montpellier” in Droit et Sciences Sociales, Montpellier: Presses de la Université de Montpellier. Pp. 253-275

Abstract:

The paper is focused on new forms of governance and legal systems of regulation, such as mediation systems, that seek to promote the involvement of civil society and communities in management and conflict resolution. The increase of complaints motivated by small disputes shows the progressive “judicialization” of society, cultural heritage of a liberal political and economic model stemming from the 19th century which is characterized by conflict aggravated by a spirit of competition, opposition of rights and claims. Since the 1980s and 1990s, the French penal system has resorted to alternative measures of resolution of conflicts which are less repressive, particularly with regard to penal mediation (1993). This shows itself within the framework of a return to a more liberal but secure State trying to favour a) “debureaucratization” which frees the justice system from an overload of small cases and b) the integration of a more participative political and legal culture which tends to the deverticalization of the State, the proceduralization and integration in the legal and political devices of moral requirements which are more sensitive to the social and cultural heterogeneousness of French society. The results show that the mediation: 1) serves for framing the part of the plaintiffs until then ignored in French society by the penal justice system, 2) it allows to convey the moral justice of the parties (the lived of the justice), 3) it involves the social devices of the justice, but also 4) it reproduces the traditional judicial system

Sílvia Gómez i Mestres (2005) Orden y conflicto en tierras catalanas de frontera (1799-1850). Lérida: Universidad de Lérida, pp. 214

Abstract:
The book analyses the relationship between legal law and local juridical culture (customary law) through the study of dispute resolutions and court cases in the border region between north-eastern Spain and South-eastern France during the 19th century. I shows how local values and local juridical culture prevailed by interacting with the judicial ordering of the State.The results show for the first time how during the nineteenth century the customary law had prevailed, at contrary of that it could be expected of the centralization and standardization of law that was taking place at that time. The conflict resolutions permeate how the local society is reproduced on the basis of social relationships of gender, age and class which are negotiated in every trial and dispute resolution. The local and moral values persist by interacting with legal law.

Keywords: anthropology and history of the Middle East, islamic law, ethical relativism, AAA statements on hr and following debates.

Unpublished, please contact the author.

MÁRQUEZ, Raúl. 2014. Construir la propiedad. Las formas y usos del derecho en una ocupación de Salvador de Bahía. Andavira: Santiago de Compostela (ISBN: 978-84-8408-659-8).

Jauregui, Beatrice. 2013. Dirty Anthropology: Epistemologies of Violence and Ethical Entanglements in Police Ethnography. In Policing and Contemporary Governance: The Anthropology of Police in Practice, William Garriott, ed., Palgrave: 125-153. [SEE WHOLE BOOK FOR ANTHROPOLOGY OF POLICING IN VARIOUS REGIONS AND MOMENTS]

Jauregui, Beatrice. 2011. Law and Order: Police Encounter Killings and Routinized Political Violence. In A Companion to the Anthropology of India, Isabelle Clark-Deces, ed., Wiley-Blackwell: 371-388.

Kesselring, R. In Press. Forthcoming 2016. ‘An Injury to One Is an Injury to All? Class Actions in South African Courts and Their Social Effects on Plaintiffs.’ PoLAR: Political and Legal Anthropology Review.

Kesselring, R. 2015. ‘Case Pending: Practices of Inclusion and Exclusion in a Class of Plaintiffs.’ Journal Anthropology Southern Africa 38 (1&2): 16–28.

Kesselring, R. 2014. ‘Experiences of Violence and the Formation of the Political: Embodied Memory and Victimhood in South Africa.’ In: The Politics of Governance: Actors and Articulations in Africa and Beyond, edited by Till Förster and Lucy Koechlin, 151–79. Conceptualising Comparative Politics. London: Routledge.

Jeffery, Laura. 2009. Chagossians refused right to return home. Anthropology Today 25,1.

Jeffery, Laura. 2006. Historical narrative and legal evidence: judging Chagossians’ High Court testimonies. PoLAR: Political and Legal Anthropology Review 29,2. [Selected for Open Access rerelease with a new Postscript in 2014.]

Lavinia Stan and Nadya Nedelsky (eds.) (2013) Encyclopedia of Transitional Justice. Cambridge University Press, Cambridge.

Ward Berenschot, Adriaan Bedner, Eddie Riyadi Laggut-Terre and Dewi Novirianti (eds.) (2013). Akses Terhadap Keadilan:Perjuangan masyarakat miskin dan kurang beruntung untuk menuntut hak di Indonesia. HuMa, KITLV-Jakarta, Epistema Institute, Jakarta and Van Vollenhoven Institute, Leiden