纳米比亚埃隆戈地区Okombahe的传统权威机构:该机构能否与正义的民主价值相协调?

Madikgomo More
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摘要

这篇文章的目的是探讨传统权威机构在促进诉诸司法或通过维护习惯法向纳米比亚埃隆戈地区的Okombahe社区人民提供某种形式的司法方面的作用和职能。本文的目的是调查促成该机构恢复力的因素,以及这种恢复力如何与该惯例机构提供和代表的正义类型联系在一起。传统权威制度最近引起了学者和政策制定者的关注,因为这种“古老”的治理形式在当代越来越多地回归或复兴,它不断改变其程序和任命规则,以适应当代的关注和社会问题。传统领导人的管辖权和权力范围是由他们履行的角色和职能来界定的。作为Okombahe的一种受欢迎的合法非正式制度,人们发现传统领导人可以管理和解决冲突,并保持社区的身份、团结和连续性。本文强调了传统权威机构作为一种自下而上的合法习惯机构的重要性,作为一种可以与民主相辅相成的制度,而不是有时认为它与民主相竞争的假设。在Okombahe,传统权威机构有助于提供基于该社区身份、历史和社会规范的无障碍司法系统选择。对Okombahe进行定性案例研究的数据收集包括访谈、支持文件和相关科学文章。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The institution of traditional authority in Okombahe, Erongo Region of Namibia: can the institution be reconciled with democratic values of justice?
The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law to the people of the Okombahe community in the Erongo Region of Namibia. The article's aim was to investigate the factors that have contributed to the institution's resilience and how this resilience may be tied to the type of justice this customary institution provides and represents. The institution of traditional authority has recently caught the attention of both scholars and policymakers due to the increasing return or revival of this "ancient" form of governance in the contemporary era that is constantly changing its procedures and rules of appointment to adapt to contemporary concerns and social problems. The scope of traditional leaders' jurisdiction and power is defined in the roles and functions they fulfil. As a popular legitimate informal institution in Okombahe, traditional leaders were found to manage and resolve conflict, and to preserve communal identity, unity, and continuity. This article highlights the significance of the institution of traditional authority as a legitimate customary institution originating from the bottom-up, and as a system that can be complementary to democracy as opposed to the assumption sometimes held that it is contesting with it. In Okombahe, the institution of traditional authority was found to contribute to providing an accessible justice system option grounded in this community's identity, history and social norms. The data collection employed for this qualitative case study of Okombahe consisted of interviews, supporting documents, and relevant scientific articles.
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