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The Making(s) of Law. Postmodern feminist perspectives on local court Justices under Zambian customary law

Agering, Ida LU (2009) SIMT33 20091
Master of Science in Development Studies
Graduate School
Department of Sociology of Law
Abstract
This thesis is the result of a Minor Field Study (MFS) on the judges, the so-called Justices, working in local courts in Zambia, where unwritten customary law is applied. The analysis is based on in-depth interviews, in order to explore the role of the Justices within the structure of customary law and their role in the discrimination against women that the law allegedly generates. Theoretically situated within postmodern feminist legal theory, the analysis leans on deconstruction of the legal structure and the Justices’ discourse, after having established the constitutive power of law in terms of gender identities. The findings of the empirical study show that the Justices take part in the (re)creation of customary law, by having a... (More)
This thesis is the result of a Minor Field Study (MFS) on the judges, the so-called Justices, working in local courts in Zambia, where unwritten customary law is applied. The analysis is based on in-depth interviews, in order to explore the role of the Justices within the structure of customary law and their role in the discrimination against women that the law allegedly generates. Theoretically situated within postmodern feminist legal theory, the analysis leans on deconstruction of the legal structure and the Justices’ discourse, after having established the constitutive power of law in terms of gender identities. The findings of the empirical study show that the Justices take part in the (re)creation of customary law, by having a certain room for interpretation of the customary practices, indicated among other things by their variance on many issues. Who the Justice is may have an effect for the outcome of a case. Since customary law constitutes one authoritarian force by creating incentives and by valuing actions and attitudes, the Justices have a potential influence on the general status of women in society (concerning issues such as marriages, attitudes towards excelling women and proprietary rights). (Less)
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author
Agering, Ida LU
supervisor
organization
course
SIMT33 20091
year
type
H2 - Master's Degree (Two Years)
subject
keywords
discourse, deconstruction, gender, judge, Zambia, customary law, justice
language
English
additional info
Minor Field Study (MFS).
id
1413287
date added to LUP
2009-06-30 11:36:44
date last changed
2014-06-10 09:00:19
@misc{1413287,
  abstract     = {This thesis is the result of a Minor Field Study (MFS) on the judges, the so-called Justices, working in local courts in Zambia, where unwritten customary law is applied. The analysis is based on in-depth interviews, in order to explore the role of the Justices within the structure of customary law and their role in the discrimination against women that the law allegedly generates. Theoretically situated within postmodern feminist legal theory, the analysis leans on deconstruction of the legal structure and the Justices’ discourse, after having established the constitutive power of law in terms of gender identities. The findings of the empirical study show that the Justices take part in the (re)creation of customary law, by having a certain room for interpretation of the customary practices, indicated among other things by their variance on many issues. Who the Justice is may have an effect for the outcome of a case. Since customary law constitutes one authoritarian force by creating incentives and by valuing actions and attitudes, the Justices have a potential influence on the general status of women in society (concerning issues such as marriages, attitudes towards excelling women and proprietary rights).},
  author       = {Agering, Ida},
  keyword      = {discourse,deconstruction,gender,judge,Zambia,customary law,justice},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Making(s) of Law. Postmodern feminist perspectives on local court Justices under Zambian customary law},
  year         = {2009},
}