Statebuilding and Justice Reform


Book Description

The book provides an updated account of justice reform in Afghanistan, which started in the wake of the US-led military intervention of 2001. In particular, it focuses on the role of international actors and their interaction with local stakeholders, highlighting some provisional results, together with problems and dilemmas encountered in the reform activities. Since the mid-1990s, justice system reform has become increasingly important in state-building operations, particularly with regard to the international administrations of Bosnia, Kosovo, East Slavonia and East Timor. Statebuilding and Justice Reform examines in depth the reform of justice in Afghanistan, evaluating whether the success of reform may be linked to any specific feature or approach. In doing so, it stresses the need for development programmes in the field of justice to be implemented through a multilateral approach, involving domestic authorities and other relevant stakeholders. Success is therefore linked to limiting the political interests of donors; establishing functioning pooled financing mechanisms; restricting the use of bilateral projects; improving the efficacy of technical and financial aid; and concentrating the attention on the ‘demand for justice’ at local level rather than on the traditional supply of financial and technical assistance. This book will be of much interest to students of Afghanistan, intervention and statebuilding, peacekeeping, and post-conflict reconstruction, as well as International Relations in general. Matteo Tondini is a researcher and a legal advisor. He has served as a project advisor to the Embassy of Italy in Kabul, Development Cooperation Unit, working within the ‘Afghanistan Justice Program’ and has a Phd in Political Systems and Institutional Change, from the Institute of Advanced Studies, Lucca, Italy.




Justice and Security Reform


Book Description

Justice and Security Reform: Development Agencies and Informal Institutions in Sierra Leone undertakes a deep contextual analysis of the reform of the country’s security and justice sectors since the end of the civil war in 2002. Arguing that the political and bureaucratic nature of development agencies leads to a lack of engagement with informal institutions, this book examines the challenges of sustainably transforming security and justice in fragile states. Through the analysis of a post-conflict context often held up as an example of successful peacebuilding, Lisa Denney reveals how the politics of development agencies is an often forgotten constraint in security and justice reform and development efforts more broadly. Particularly suited to upper-level undergraduates and postgraduate students, as well as practitioners, this book is relevant to those interested in security and justice reform and statebuilding, as well Sierra Leone’s post-conflict recovery.




Lethal State


Book Description

For years, American states have tinkered with the machinery of death, seeking to align capital punishment with evolving social standards and public will. Against this backdrop, North Carolina had long stood out as a prolific executioner with harsh mandatory sentencing statutes. But as the state sought to remake its image as modern and business-progressive in the early twentieth century, the question of execution preoccupied lawmakers, reformers, and state boosters alike. In this book, Seth Kotch recounts the history of the death penalty in North Carolina from its colonial origins to the present. He tracks the attempts to reform and sanitize the administration of death in a state as dedicated to its image as it was to rigid racial hierarchies. Through this lens, Lethal State helps explain not only Americans' deep and growing uncertainty about the death penalty but also their commitment to it. Kotch argues that Jim Crow justice continued to reign in the guise of a modernizing, orderly state and offers essential insight into the relationship between race, violence, and power in North Carolina. The history of capital punishment in North Carolina, as in other states wrestling with similar issues, emerges as one of state-building through lethal punishment.




Beyond the Barricades


Book Description

Beyond the Barricades is an original study of government after the 1848 revolutions. It focuses on the state of Prussia, where a number of conservative ministers sought to learn lessons from their experiences of upheaval and introduce a wave of reform in the 1850s. Using extensive archival research, the work explores Prussia's entry into the constitutional age, charting initiatives to transform criminal justice, agriculture, industry, communications, urban life, and the press. Reform strengthened contact with the Prussian population, making this a classic episode of state-building, but Beyond the Barricades seeks to go further. It makes a case for taking notice of government activity at this particular juncture because the measures endorsed by conservative statesmen in the 1850s sought to remove the feudal intermediaries that had lingered long into the nineteenth century and replace them with an array of government institutions, legal regimes, and official practices. In sum, this book recasts the post-revolutionary decade as a period which saw the transition from an old to a new world, pivotal to the making of modern Prussia and ultimately, modern Germany.




Customary Justice and the Rule of Law in War-torn Societies


Book Description

The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "




Making the Transition


Book Description

Making the Transition provides an analysis of processes of reform, reconstruction, and restructuring in the criminal justice field in Bosnia and Herzegovina in the years since it completed a violent secession from the Socialist Federal Republic of Yugoslavia (SFRY). Across the three sectors of policing, courts, and prisons, this work details the challenges facing Bosnia and Herzegovina and explores a range of internationally-sponsored reform initiatives. These three sectors are often examined independently of each other, but by analyzing their development side by side, Making the Transition is able to determine common challenges while establishing different logics and methods of international intervention. The book reflects the author's education in a number of disciplines (politics, history, criminology) and will be a useful addition for those with an interest in the mechanics of state-building and in the reconstruction of post-conflict states.




Judicial Reform and Reorganization in 20th Century Iran


Book Description

Iran is now at the center of political and social developments in the Middle East. This book examines the reform of the judicial system in 20th century Iran and is the first to relate state-building process with rule of law promotion and judicial reform in the region. This subject occupies the critical juncture of three developments in the contemporary study of Iranian society as an important and early case of social revolution and reform in the Middle East: the state-building process in a non-Western country throughout the 20th century, the incorporation of a non-Western Muslim country into the Western legal framework through codification and transplantation (1911-1979), and the Islamicization process after this critical social development and the Islamic Revolution of 1979. This exceptional study furthers our understanding of Iranian modern history as well as the democratization process, human rights and rule of law issues in the Middle East.




Building a New American State


Book Description

Examines the reconstruction of institutional power relationships that had to be negotiated among the courts, the parties, the President, the Congress, and the states in order to accommodate the expansion of national administrative capacities around the turn of the twentieth century.




The Black Child-Savers


Book Description

During the Progressive Era, a rehabilitative agenda took hold of American juvenile justice, materializing as a citizen-and-state-building project and mirroring the unequal racial politics of American democracy itself. Alongside this liberal "manufactory of citizens,” a parallel structure was enacted: a Jim Crow juvenile justice system that endured across the nation for most of the twentieth century. In The Black Child Savers, the first study of the rise and fall of Jim Crow juvenile justice, Geoff Ward examines the origins and organization of this separate and unequal juvenile justice system. Ward explores how generations of “black child-savers” mobilized to challenge the threat to black youth and community interests and how this struggle grew aligned with a wider civil rights movement, eventually forcing the formal integration of American juvenile justice. Ward’s book reveals nearly a century of struggle to build a more democratic model of juvenile justice—an effort that succeeded in part, but ultimately failed to deliver black youth and community to liberal rehabilitative ideals. At once an inspiring story about the shifting boundaries of race, citizenship, and democracy in America and a crucial look at the nature of racial inequality, The Black Child Savers is a stirring account of the stakes and meaning of social justice.




Justice as Prevention


Book Description

Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"-the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.