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Full Description
This volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice—which it terms 'vindicatory'—wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace—or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue durée historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.
Contents
- Part I Vindicatory Justice: Conceptual Analyses and Forerunners. - Introduction. - Hans Kelsen's Philosophy of Revenge. - Revenge, Violence and the Civilizing Narrative. - On Revenge and Punishment. - "To Restore" Versus "To Vindicate". - Antonio Pigliaru. - 'Une Question De Droit'. - Part II Mapping Vindicatory Justice. - Vindicatory Justice in Madagascar. - Vindicatory Persistence in Barbagia. - Vindicatory Justice and the Colonial Encounter. - Law, Ethics and Religion. - The Vindicatory Roots of Civil Sanctions. - From the Duty to Redeem the Spilled Blood to the Duty to Redeem Themselves (Repentance). - History and Memory Before the Court. - Defenselessness, Offense and Counter-Offense in Legal Disputes Between Employers and Female Domestic Workers. - A Vindication of the Rights of Women. Equal Participation in Rituals in a Festival Context.
