Women, Justice, and Custom
The Discourse of "Good Custom" and "Bad Custom" in Papua New Guinea and Canada
Bibliographic Data
| ID | 18987333 |
|---|---|
| Authors | Cyndi Banks (Northern Arizona University, corresponding author) |
| Year | 2001 |
| Volume | 42 |
| Issue | 1 |
| Pages | 101-122 |
| Publication date | 2001-05-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Journal of Comparative Sociology (JOURNAL) |
| Journal identifiers | ISSN: 0020-7152 • E-ISSN: 1568-5187 |
| Publisher | Walter de Gruyter GmbH (PUBLISHER • DE) |
| DOI | 10.1163/156851801300171724 |
| OpenAlex | W1993153881 |
| Language | EN |
| Citations received | 5 |
| References cited | 2 |
Court decisions involving custom, the rights of women, and positivist law in Papua New Guinea and Canada are explored and contrasted. In Papua New Guinea the courts have struck down aspects of custom or customary law as being repugnant to the general principles of humanity and in violation of positivist law. In Canada men have argued for the application of custom as a mitigating factor in sentencing, asserting that it offers justification for conduct against women judged criminal under positivist law. Examining judicial discourse on custom or customary law in the two countries illuminates the tensions between custom and positivist law, revealing how custom comes to be judged good or bad and is reframed as non-normative in one country but as an appropriate cultural component in sentencing in the other
Criminal justice · Criminal law · Economic Justice · Ethnology · Humanity · Law reform · New guinea · Normative · Political science · Positivism · Sociology · Criminal Justice and Corrections Analysis · Law · Law in Society and Culture · Multicultural Socio-Legal Studies
| Citations per year | 0.23 |
|---|---|
| Citation span | 2004 - 2014 (11) |
| Highly cited | No |