The Politics of Informal Justice

The Politics of Informal Justice

Volume 2: Comparative Studies

1st Edition - December 28, 1981

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  • Author: Richard L. Abel
  • eBook ISBN: 9781483297354

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Description

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 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.

Table of Contents


  • 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

Product details

  • No. of pages: 338
  • Language: English
  • Copyright: © Academic Press 1981
  • Published: December 28, 1981
  • Imprint: Academic Press
  • eBook ISBN: 9781483297354

About the Author

Richard L. Abel

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