The Prospects for Customary Law in Transitional Justice: The Case of Fiji
The use of customary law shows real promise in addressing the challenges that arise when confronting the legacies of past human rights abuses and atrocities. Unlike typical transitional justice mechanisms like trials, truth commissions, and reparations programs, customary practices are community-b...
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University of Windsor
2020-09-01
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doaj-5f45e05265514a5598a5d28a8b33efc22020-11-25T03:55:13ZengUniversity of WindsorWindsor Yearbook of Access to Justice2561-50172020-09-013610.22329/wyaj.v36i0.6424The Prospects for Customary Law in Transitional Justice: The Case of FijiJoanna R Quinn0Western University The use of customary law shows real promise in addressing the challenges that arise when confronting the legacies of past human rights abuses and atrocities. Unlike typical transitional justice mechanisms like trials, truth commissions, and reparations programs, customary practices are community-based and well-known to the people who use them. Indeed, customary practices could be used in transitional societies in place of “foreign” practices to bring about the same objectives. This paper considers the role that customary law plays in Fiji. It further assesses the prospects for the use of customary, traditional law in situations where transitional justice is called for. https://wyaj.uwindsor.ca/index.php/wyaj/article/view/6424 |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Joanna R Quinn |
spellingShingle |
Joanna R Quinn The Prospects for Customary Law in Transitional Justice: The Case of Fiji Windsor Yearbook of Access to Justice |
author_facet |
Joanna R Quinn |
author_sort |
Joanna R Quinn |
title |
The Prospects for Customary Law in Transitional Justice: The Case of Fiji |
title_short |
The Prospects for Customary Law in Transitional Justice: The Case of Fiji |
title_full |
The Prospects for Customary Law in Transitional Justice: The Case of Fiji |
title_fullStr |
The Prospects for Customary Law in Transitional Justice: The Case of Fiji |
title_full_unstemmed |
The Prospects for Customary Law in Transitional Justice: The Case of Fiji |
title_sort |
prospects for customary law in transitional justice: the case of fiji |
publisher |
University of Windsor |
series |
Windsor Yearbook of Access to Justice |
issn |
2561-5017 |
publishDate |
2020-09-01 |
description |
The use of customary law shows real promise in addressing the challenges that arise when confronting the legacies of past human rights abuses and atrocities. Unlike typical transitional justice mechanisms like trials, truth commissions, and reparations programs, customary practices are community-based and well-known to the people who use them. Indeed, customary practices could be used in transitional societies in place of “foreign” practices to bring about the same objectives. This paper considers the role that customary law plays in Fiji. It further assesses the prospects for the use of customary, traditional law in situations where transitional justice is called for.
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url |
https://wyaj.uwindsor.ca/index.php/wyaj/article/view/6424 |
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