1,720,985 research outputs found
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Reconciling Indigenous and Women\u27s Rights to Land in Sub-Saharan Africa
Full text linkIn sub-Saharan Africa and globally, battles for rights relating to customary law are common. Indigenous groups throughout the African continent are fighting to maintain access to lands they hold in customary tenure as competition for land increases, while women fight against application of customary laws that deny them rights to attain or control property. Elsewhere around the globe, indigenous groups, particularly those in resource-rich areas, are vulnerable to land grabs from investors and governments. In the in the Americas, Europe, and Asia, indigenous groups face threats to their lands and natural resources. While indigenous rights activists call for government recognition of indigenous land rights and livelihoods, the “women question,” or, how to ensure the protection of indigenous women’s rights, remains an open question. This Article considers how African state governments can legally recognize customary land tenure in a manner that protects indigenous groups while still affording property and other rights to women, and argues that women’s rights and customary law conflict enough such that any legal system that both protects customary tenure and aims to protect women’s rights to land ownership must, at some level, fundamentally alter aspects of customary systems of land ownership. Because of the global nature of these problems, any resolution in sub-Saharan Africa is certain to have implications worldwide
Restorative Justice and Building Communities of Radical Belonging in the Law School Classroom
No full textRestorative Justice and Building Communities of Radical Belonging in the Law School Classroom
Full text linkGlobal Carceral Feminism and Domestic Violence: What the West Can Learn from Reconciliation in Uganda
No full textPolicies and laws emphasizing criminal justice have dominated domestic violence interventions, in the United States and globally, for decades. The feminist advocacy promoting the criminal justice approach is referred to by critics as “carceral feminism.” Western influence in the international human rights movement has spurred the spread of carceral feminism around the world, seeing it as the key means for addressing violence against women. However, the carceral approach is now criticized for failing to help, and sometimes outright harming, its supposed beneficiaries. In place of carceral policies, advocates have begun to push for community-based restorative and transformative justice alternatives to prosecution. This article examines Uganda’s use of reconciliation, a restorative justice mechanism, to respond to and prevent domestic violence in the community. Uganda is an instructive example because, unlike other case studies, it is a state-sanctioned, nationwide mechanism intentionally made available to all domestic violence victims. Reconciliation in Uganda gives advocates an opening to not just meet the expressed needs of victims of domestic violence, but to also effect normative change in a way that the formal legal system has failed to do. This is important not just in Uganda, but beyond its borders as well. For example, western countries, many of which have already seen restorative justice experiments occurring on a smaller scale, can take note of the possibilities available with widespread restorative justice mechanisms. Whereas historically, the international rights movement spread ideas and concepts from the west to the rest of the world, the potential of restorative justice indicates that at least in some cases, justice is better served by reversing the flow of ideas
Human Rights, Human Duties: Making a Rights-Based Case for Community-Based Restorative Justice
No full textRestorative justice is often framed as an alternative to the criminal legal system, and thus justifications of restorative justice tend to be rooted in the language of the criminal system. However, this approach limits our way of thinking about the practice of restorative justice, especially non-state, community-based practices. This Article argues for an independent, rights-based justification to support these community-based practices. By offering an in-depth analysis originating from a rights-based perspective, this Article engages with two underdeveloped areas of scholarly literature and suggests a new way of thinking about the day-to-day practice of restorative justice through a human rights lens. First, it takes a step towards filling the relative absence of robust analysis exploring modern day-to-day restorative justice—as opposed to the transitional justice or purely indigenous justice mechanisms—from the perspective of human rights law. Second, it engages with the relatively neglected discourse on non-state individual and community duties to promote human rights and joins the voices arguing for the recognition of such duties. Third, this Article theorizes the content of the dignity claim held by parties who have been harmed or committed harm. It then develops the corresponding duty to promote human dignity after an interpersonal harm has been committed. This Article concludes by arguing that this duty is at least partially fulfilled by community-based restorative justice practices. When engaging in these practices, duties are mainly borne by individuals and nonstate communities, with the state bearing duties to permit and support such practices, to the extent those practices meet their ethical obligations, as well as to meet certain needs
Global Carceral Feminism and Domestic Violence: What the West can Learn from Reconciliation in Uganda
No full textAround the world, policies and laws emphasizing criminal justice have dominated domestic violence interventions for decades. In the United States, certain feminist advocates worked with state actors to develop a primarily criminal justice response to domestic violence. Western influence in the international human rights movement has spread this approach around the world, leading it to become the key means of addressing violence against women. However, critics argue that the overreliance on the criminal justice system is a key failure of the anti-domestic-violence movement, with some referring to the strain of feminism promoting prosecution as carceral feminism. The carceral approach is increasingly criticized for failing to help and sometimes causing outright harm to its supposed beneficiaries. In place of carceral policies, advocates have begun to push for community-based restorative and transformative justice alternatives to prosecution. This Article examines Uganda\u27s use of reconciliation, a restorative justice mechanism, to respond to and prevent domestic violence. Uganda\u27s approach is an instructive example because, unlike the subjects of other case studies, it is a state sanctioned, nationwide mechanism intentionally made available to all domestic violence victims. Reconciliation in Uganda gives advocates an opening to meet the expressed needs of victims of domestic violence, as well as to effect normative change. This is important not just in Uganda, but beyond its borders. Western countries, many of which have already seen restorative justice experiments occur on a smaller scale, can take note of the possibilities available with widespread restorative justice mechanisms. Whereas historically the international rights movement has spread ideas and concepts from the West to the rest of the world, the potential of restorative justice indicates that at least in some cases, justice would be better served by reversing the flow of ideas
Expanding Standing to Develop Democracy: Third-Party Public Interest Standing as a Tool for Emerging Democracies
No full textThe 1990s marked the beginning of a constitutional proliferation throughout sub-Saharan Africa in a process that continues today. These newer constitutions were written in an attempt to usher in an era of democratization on the continent. In many of these nations, the move from authoritarianism to democracy was spurred, in part, by the discontent of a politically excluded citizenry. The new constitutions reflected this and were celebrated for their written commitment to individual rights and a democratically accountable government. More recently, however, scholars have called into question the effectiveness of these new constitutions. Some charge that they are really just "shams" or ornamental documents that serve to consolidate power among political elites, fail to create a meaningful democratic system, and persist in disempowering non-elites and commonly marginalized populations. The new governments, although democratic on paper, maintain political inequality and perpetuate the de facto disenfranchisement of non-elites and historically marginalized groups. In particular, women across the continent have long been marginalized and continue to face great barriers to meaningfully participate in their country's political and constitutional dialogue. Largely ignored by their executive and parliament and lacking the means to assert their rights themselves in court, these women are unable to exercise their constitutional rights, rendering these rights meaningless
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