Reconstructing Law and Justice in a Postcolony by Nonso Okafo

By Nonso Okafo

Drawing on facts from a cross-section of postcolonial countries the world over and on a close case-study of Nigeria, this booklet examines the adventure of recreating legislations and justice in postcolonial societies. The author's definition of postcolonial societies contains nations that experience emerged from exterior colonial rule, equivalent to Nigeria and India in addition to societies that experience conquer inner dominations, similar to Afghanistan and Iraq. Suggesting that restructuring a approach of legislation and justice needs to contain a attention of the traditions, customs and local legislation of a society in addition to the legit, frequently international ideas, this quantity examines how ethnically advanced international locations unravel disputes, no matter if legal or civil, via a mix of formal and casual social keep watch over platforms. This ebook is exclusive in its quandary with how the typical electorate of a postcolonial society can play extra energetic components of their nation's legislations and justice, and the way smooth and more and more city societies can study from indigenous humans and associations, that are extra casual of their ways to problem-solving. The concluding bankruptcy seems on the risk of an elevated function for civil rather than legal reaction within the social regulate procedure of a postcolonial society.

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By Nonso Okafo

Drawing on facts from a cross-section of postcolonial countries the world over and on a close case-study of Nigeria, this booklet examines the adventure of recreating legislations and justice in postcolonial societies. The author's definition of postcolonial societies contains nations that experience emerged from exterior colonial rule, equivalent to Nigeria and India in addition to societies that experience conquer inner dominations, similar to Afghanistan and Iraq. Suggesting that restructuring a approach of legislation and justice needs to contain a attention of the traditions, customs and local legislation of a society in addition to the legit, frequently international ideas, this quantity examines how ethnically advanced international locations unravel disputes, no matter if legal or civil, via a mix of formal and casual social keep watch over platforms. This ebook is exclusive in its quandary with how the typical electorate of a postcolonial society can play extra energetic components of their nation's legislations and justice, and the way smooth and more and more city societies can study from indigenous humans and associations, that are extra casual of their ways to problem-solving. The concluding bankruptcy seems on the risk of an elevated function for civil rather than legal reaction within the social regulate procedure of a postcolonial society.

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Sample text

Perhaps we must finally recognize that mediation in modern societies is indeed a child of religion. Thus, appreciating the complete history of a restorative justice theory, principle, or practice would enhance its application and use for more effective and efficient social control in a modern State. McCold’s (2000) “restorative justice is a process of discovery rather than invention” thesis relates to the contributions of traditions, customs, and native laws (customary law) to social control in a modern society.

Chapters 2, 3, and 4 are based on a purposive sample of twelve countries, namely Afghanistan, Australia, Brazil, Canada, India, Iraq, Japan, Kenya, Nigeria, Saudi Arabia, South Africa, and United States of America. The history, nature, and relationship between the indigenous and foreign systems of law and justice in each country are surveyed.

5): The prison-industrial complex is not only a set of interest groups and institutions. It is also a state of mind. The lure of big money is corrupting the nation’s criminaljustice system, replacing notions of public service with a drive for higher profits. The eagerness of elected officials to pass ‘tough-on-crime’ legislation – combined with their unwillingness to disclose the true costs of these laws – has encouraged all sorts of financial improprieties. The inner workings of the prison-industrial complex can be observed in the state of New York, where the prison boom started, transforming the economy of an entire region; in Texas [state] and Tennessee [state], where private prison companies have thrived; and in California [state], where the correctional trends of the past two decades have converged and reached extremes.

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