A Bird that Flies with Two Wings: The Kastom and State Justice Systems in Vanuatu

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ANU E Press, 2009 - Law - 298 pages
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This book investigates the problems and possibilities of plural legal orders through an in-depth study of the relationship between the state and customary justice systems in Vanuatu. It argues that there is a need to move away from the current state-centric approach to law reform in the South Pacific region, and instead include all state and non-state legal orders in development strategies and dialogue. The book also presents a typology of models of engagement between state and non-state legal systems, and describes a process for analysing which of these models would be most advantageous for any country in the South Pacific region, and beyond.
 

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Contents

1 Igat fulap rod blong hem
1
2 The possibilities and limitations of legal pluralism
29
3 Tradition and transformation in leadership structures and conflictmanagement mechanisms
61
the operation of the kastom system in Vanuatu today
95
5 The relationship between the state and kastom systems
139
6 The problems of the existing relationship between the state and kastom systems
175
7 A typology of relationships between state and nonstate justice systems
201
8 A new method of legal pluralism
249
Bibliography
267
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