Overview

In most countries, it is the norm for state courts to operate alongside powerful non-state justice systems, whose roots lie in custom, religion, or tradition. Indeed, non-state justice is frequently the dominant form of legal order. In the developing world, an estimated 80 to 90 percent of disputes are handled outside the state justice system, and nearly all post-conflict states feature extensive legal pluralism because of the weak institutions and contested authority endemic to conflict and post-conflict states. Yet the role of legal pluralism is frequently misunderstood and when different justice systems clash, prolonged, potentially even violent conflict, can result. In Contending Orders, Geoffrey Swenson proposes a new way to understand how state and non-state authorities interact by exploring the full range of legally pluralist environments-combative, competitive, cooperative, and complementary. Drawing upon insights from Afghanistan and Timor-Leste, two countries with extensive legal pluralism, he identifies and critically examines commonly used strategies in legally pluralistic environments. Swenson also illustrates how national and international actors can better engage non-state justice systems. Further, Swenson shows how multiple justice systems can not only co-exist but work together to contribute to the development of a democratic state bound by the rule of law. It is not enough to merely recognize that legal pluralism exists; scholars and policymakers must understand how legal pluralism actually functions. Contending Orders both analyzes the forces that are shaping the relationship between the state and non-state justice worldwide and offers policy strategies to promote the rule of law and good governance wherever legal pluralism thrives.

Full Product Details

9780197530429

Table of Contents

Reviews

From vivid cases studies, Swenson skillfully illuminates the challenges of judicial state-building, a vital but understudied element of democratic state-building. Persuasively arguing that domestic and international actors too often neglect engagement with non-state justice institutions, he elevates legal pluralism as a normative and practical goal. A sophisticated yet accessible analysis grounded in realism and animated by hope. -Thomas Carothers, Carnegie Endowment for International Peace This is a highly original and much-needed analysis of how state-builders should interact with non-state legal authorities. With a rare blend of first-hand experience, plus training as a lawyer and a political scientist, Swenson offers us valuable insights on how state elites and aid agents can ensure that plural legal systems are cooperative rather than combative. His masterful contrast of Afghanistan and Timor-Leste shows how historical comparison can advance both better policy-making and better institutional theory for post-war societies. It merits a broad audience. -Nancy Bermeo, Oxford University and Princeton University Rule of law is widely regarded as one of the most basic, and therefore one of the most important, aspects of democratic state-building in the context of post-conflict recovery efforts. Focusing on the challenges of legal pluralism, Swenson articulates a highly original and compelling approach to reconciling traditional and international judicial norms and practices. A masterful work of scholarship. -Richard Caplan, author of Measuring Peace Contending Orders provides a sophisticated analysis of different justice institutions and the dynamics of legal pluralism in Afghanistan and Timor-Leste. Dr Geoffrey Swenson has been uniquely qualified to analyse empirical facts thoughtfully and to make original contribution to theory and practice. This important book makes a difference. It needs to be read by both academics and policymakers. -Ali Wardak, University of South Wales, UK

"From vivid cases studies, Swenson skillfully illuminates the challenges of judicial state-building, a vital but understudied element of democratic state-building. Persuasively arguing that domestic and international actors too often neglect engagement with non-state justice institutions, he elevates legal pluralism as a normative and practical goal. A sophisticated yet accessible analysis grounded in realism and animated by hope."" -Thomas Carothers, Carnegie Endowment for International Peace This is a highly original and much-needed analysis of how state-builders should interact with non-state legal authorities. With a rare blend of first-hand experience, plus training as a lawyer and a political scientist, Swenson offers us valuable insights on how state elites and aid agents can ensure that plural legal systems are cooperative rather than combative. His masterful contrast of Afghanistan and Timor-Leste shows how historical comparison can advance both better policy-making and better institutional theory for post-war societies. It merits a broad audience."" -Nancy Bermeo, Oxford University and Princeton University Rule of law is widely regarded as one of the most basic, and therefore one of the most important, aspects of democratic state-building in the context of post-conflict recovery efforts. Focusing on the challenges of legal pluralism, Swenson articulates a highly original and compelling approach to reconciling traditional and international judicial norms and practices. A masterful work of scholarship."" -Richard Caplan, author of Measuring Peace Contending Orders provides a sophisticated analysis of different justice institutions and the dynamics of legal pluralism in Afghanistan and Timor-Leste. Dr Geoffrey Swenson has been uniquely qualified to analyse empirical facts thoughtfully and to make original contribution to theory and practice. This important book makes a difference. It needs to be read by both academics and policymakers."" -Ali Wardak, University of South Wales, UK This book is published at a timely inflection point, following the fall of the regime in Afghanistan to the Taliban. That experience led many policy wonks to proclaim that 'international actors can't do state-building.' As Swenson ably shows, state-building can be done with positive outcomes. Swenson rightly zeros in on different types of legal pluralism in the relationship between formal and informal legal institutions. If Western actors had that focus from the outset in Afghanistan, perhaps a radically different outcome might have been achieved. To avoid squandering future opportunities, rule of law practitioners should keep Contending Orders close at hand."" -Erik Jensen, Stanford Law School Contending Orders is tremendously valuable not only for its original empirical assessment of judicial state-building interventions but also its creative theory building and testing efforts. In the field of peacebuilding, the book is a timely contribution to the mainstream problem-solving literature that evaluates the impact of liberal state-building and peacebuilding interventions with the objective of improving the efficacy of international efforts. With more than three decades of international rule of law promotion in war-torn countries, Contending Orders helps to address the empirical knowledge gap about the impact of these measures on the ground. * Mohamed Sesay, Perspectives on Politics * Swenson's monograph is a welcome change in the scholarship on legal pluralism. Swenson emphasises the importance of taking non-state judicial institutions and its instruments seriously as tools for pursuing the rule of law. His writing is clear and leaves the reader to appreciate why there should be more positive and optimistic engagement with normative orders beyond the state... Thus, Contending Orders is a book not just for scholars who are interested in legal pluralism: it is also a valuable resource for those who are in the field as practitioners assisting with justice sector building initiatives in societies where the non-state justice system thrives. * Dr. Sapna Reheem Shaila, Max Weber Fellow in the Department of Law at the European University Institute * This is a fine study, and any scholars with interests in the rule of law in Timor--Leste and in Afghanistan will profit from reading it. * William Maley, Australian National University, Canberra, ACT, Australia *"

Author Information

Geoffrey Swenson is a Senior Lecturer in International Politics at City, University of London.

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available