{"title":"探讨加纳恩孔亚-阿拉瓦约族群冲突的司法解决尝试","authors":"Prince Duah Agyei, Felix Odartey-Wellington","doi":"10.1163/17087384-bja10089","DOIUrl":null,"url":null,"abstract":"While the literature on the Nkonya-Alavanyo conflict references litigation and its apparent ineffectiveness in resolving the conflict, there is a paucity of detail about this litigation. This paper contributes to a more holistic comprehension of the discourses structuring resolution attempts in this conflict, with lessons for the resolution of communal conflicts generally. Drawing on archival data, media reports, and field interviews, we examine the trajectory of the Nkonya-Alavanyo conflict in the Ghanaian judicial system as an example of an intractable communal conflict that has defied legal attempts at resolution. We argue that judicial attempts at resolving the conflict have been ineffective because the resultant juridical discourse is polysemic and – to the extent that the non-negotiable value of justice is a factor in the conflict – is subject to divergent articulations. Second, we submit that the juridical discourse competes with State, civil society, and partisan articulations that do not privilege judicial decisions, with State discourse increasingly being one of militarisation.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"32 1","pages":""},"PeriodicalIF":0.2000,"publicationDate":"2024-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Exploring Attempts at Judicial Resolution of the Nkonya-Alavanyo Communal Conflict in Ghana\",\"authors\":\"Prince Duah Agyei, Felix Odartey-Wellington\",\"doi\":\"10.1163/17087384-bja10089\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"While the literature on the Nkonya-Alavanyo conflict references litigation and its apparent ineffectiveness in resolving the conflict, there is a paucity of detail about this litigation. This paper contributes to a more holistic comprehension of the discourses structuring resolution attempts in this conflict, with lessons for the resolution of communal conflicts generally. Drawing on archival data, media reports, and field interviews, we examine the trajectory of the Nkonya-Alavanyo conflict in the Ghanaian judicial system as an example of an intractable communal conflict that has defied legal attempts at resolution. We argue that judicial attempts at resolving the conflict have been ineffective because the resultant juridical discourse is polysemic and – to the extent that the non-negotiable value of justice is a factor in the conflict – is subject to divergent articulations. Second, we submit that the juridical discourse competes with State, civil society, and partisan articulations that do not privilege judicial decisions, with State discourse increasingly being one of militarisation.\",\"PeriodicalId\":41565,\"journal\":{\"name\":\"African Journal of Legal Studies\",\"volume\":\"32 1\",\"pages\":\"\"},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2024-04-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"African Journal of Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/17087384-bja10089\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"African Journal of Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/17087384-bja10089","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
Exploring Attempts at Judicial Resolution of the Nkonya-Alavanyo Communal Conflict in Ghana
While the literature on the Nkonya-Alavanyo conflict references litigation and its apparent ineffectiveness in resolving the conflict, there is a paucity of detail about this litigation. This paper contributes to a more holistic comprehension of the discourses structuring resolution attempts in this conflict, with lessons for the resolution of communal conflicts generally. Drawing on archival data, media reports, and field interviews, we examine the trajectory of the Nkonya-Alavanyo conflict in the Ghanaian judicial system as an example of an intractable communal conflict that has defied legal attempts at resolution. We argue that judicial attempts at resolving the conflict have been ineffective because the resultant juridical discourse is polysemic and – to the extent that the non-negotiable value of justice is a factor in the conflict – is subject to divergent articulations. Second, we submit that the juridical discourse competes with State, civil society, and partisan articulations that do not privilege judicial decisions, with State discourse increasingly being one of militarisation.
期刊介绍:
The African Journal of Legal Studies (AJLS) is a peer-reviewed and interdisciplinary academic journal focusing on human rights and rule of law issues in Africa as analyzed by lawyers, economists, political scientists and others drawn from throughout the continent and the world. The journal, which was established by the Africa Law Institute and is now co-published in collaboration with Brill | Nijhoff, aims to serve as the leading forum for the thoughtful and scholarly engagement of a broad range of complex issues at the intersection of law, public policy and social change in Africa. AJLS places emphasis on presenting a diversity of perspectives on fundamental, long-term, systemic problems of human rights and governance, as well as emerging issues, and possible solutions to them. Towards this end, AJLS encourages critical reflections that are based on empirical observations and experience as well as theoretical and multi-disciplinary approaches.