Law as discourse

A Bird that flies with two wings : Kastom and state justice systems in Vanuatu

“…106 The local newspapers and various reports by aid donors also regularly comment on them. 107 The research for this study found structural problems with prison buildings rendering them dangerous during earthquakes and cyclones; prisoners' lack of protection from the elements as a result of large holes in the roofs, resulting in prisoners sleeping in sodden clothes and bedding; blocked showers and toilets; overcrowding; 108 lack of any sort of rehabilitation activities apart from sporadic visits by local church groups; lack of separation of violent criminals and defendants on remand; lack of facilities for juvenile 109 and female prisoners (except in Vila); 110 lack of cooking facilities and a lack of security. 111 In 2005, the Chief Inspector of Prisons stated that the police could do nothing much about the security of the prisoners because of the poor condition of the prisons, commenting that '[w]e only counsel them about not running away from jail '.…”

“…108 It is also very similar to the chiefs' courts or customary courts in countries where the policy of indirect rule was used during colonial times. 109 This model is in many ways very close to the 'hybrid' structures of Village Courts discussed below, but is different in principle, even if not in practice, because the idea is to draw the non-state justice system into the state system, rather than to create a new hybrid system from the start. 110 Of course, the various regulations the State may impose on a non-state justice system as part of the incorporation might mean that in practice it ends up looking just as much a hybrid system as one that has been crafted as such initially.…”

“…108 The Vanuatu National Council of Women was established in 1980 to provide a forum for women's issues and in 1992 the Vanuatu Women's Centre was established to assist victims of violence. 109 There is also a Department of Women's Affairs, which is responsible for programs to promote gender equality. 110 In reality, however, there is an enormous division among ni-Vanuatu based on gender.…”

“…109 Santos also refers to the fact that the debate has become 'increasingly perceived as sterile '. 110 Sack takes this approach to the furthest extreme, arguing that 'the main responsibility of law, including legal theory, is not analytical clarity and consistency but the performance of practical social tasks '.…”

Law: Anthropological Aspects

“…Geertz (1983) describes law as a form of 'local knowledge' that is 'a distinct way of imagining the real.' Following a processual model of analyzing law, Sally Humphreys (1985) suggests that law can be studied as a form of discourse that is embedded in particular notions of power. Law is not merely constitutive of social reality, but also reflects particular ideals of justice.…”