Plural Justice

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Authors: Giuditta Fontana, Argyro Kartsonaki, Natascha S. Neudorfer, Stefan Wolff
Cited by: 0
References: 285

Abstract

Abstract Chapter 7 explores the relationship between the end of widespread conflict-related violence and provisions for plural justice, understood as the embedding of customary or religious justice practices in the legal institutions of the state. Using Bangsamoro as a case study, this chapter reveals that legal pluralism can help prevent civil war recurrence by acknowledging the distinct cultural or religious identity of former warring groups. Legal pluralism also officially recognizes trusted and accessible judicial practices, and engages religious and tribal leaders and their broader networks in the peace process. However, plural justice measures only prevent civil war recurrence when their scope is precisely outlined and when they are applied alongside the civil justice system. Elsewhere, their application can have adverse effects, especially when perceived as efforts to assimilate minority groups or to restrict civil or political rights. Moreover, in contrast to reforms that enhance women’s socio-economic status, plural justice measures have not typically catalysed the emergence of multi-level coalitions for peace.

Fields of Study & Subjects

War Law and Justice Peacebuilding and International Security Indigenous Peoples' Rights and Law

Publication details

Pages
180–197
Publication date
9 February 2026
Language
EN
Document type
Book chapter