As a central element of certain systems of justice, revenge-feuding actions are usually considered as unregulated responses to offenses and misbehaviours modern law has solved and displaced. On the contrary, the theoretical paradigm of “vindicatory justice” highlights how these actions are not spontaneous reactions. Rather, they are submitted to forms of collective surveillance and authorization, and they may constitute a different form of conceiving and materializing justice. In fact, historical and ethnographic case studies have proved how vindicatory justice has not disappeared, being rather outdone in its relationship with the law of the State. Working on the two case studies of Shuar (West Ecuador) and Yolngu (Australia), this essay aims to elucidate the idiosyncrasy inherent to vindicatory cultures and highlight their complex relationship with State law.
Vindicatory justice and the State : accounts from Yolngu and Shuar ethnographies / R. Marquez Porras, R. Mazzola. - In: SOCIOLOGIA DEL DIRITTO. - ISSN 0390-0851. - 46:3(2019), pp. 71-94.
Vindicatory justice and the State : accounts from Yolngu and Shuar ethnographies
R. Mazzola
2019
Abstract
As a central element of certain systems of justice, revenge-feuding actions are usually considered as unregulated responses to offenses and misbehaviours modern law has solved and displaced. On the contrary, the theoretical paradigm of “vindicatory justice” highlights how these actions are not spontaneous reactions. Rather, they are submitted to forms of collective surveillance and authorization, and they may constitute a different form of conceiving and materializing justice. In fact, historical and ethnographic case studies have proved how vindicatory justice has not disappeared, being rather outdone in its relationship with the law of the State. Working on the two case studies of Shuar (West Ecuador) and Yolngu (Australia), this essay aims to elucidate the idiosyncrasy inherent to vindicatory cultures and highlight their complex relationship with State law.File | Dimensione | Formato | |
---|---|---|---|
06.mzl.marquez&_mazzola DA VF RM.pdf
accesso riservato
Tipologia:
Post-print, accepted manuscript ecc. (versione accettata dall'editore)
Dimensione
537.19 kB
Formato
Adobe PDF
|
537.19 kB | Adobe PDF | Visualizza/Apri Richiedi una copia |
Pubblicazioni consigliate
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.