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Vindicatory Justice

Part of the Ius Gentium: Comparative Perspectives on Law and Justice Book Series (volume 93)

Editors: Márquez Porras, Raúl; Mazzola, Riccardo; Terradas Saborit, Ignasi

DOI: 10.1007/978-3-030-79595-5

ISBN: 978-3-030-79594-8

Publisher: Springer International Publishing - Springer Journals

Nov 17, 2021

1 - 10 of 16 Chapters

LitStream

Introduction

Terradas Saborit, Ignasi

Pages: 3 –37

[The purpose of this chapter is to define what vindicatory legal systems are, emphasizing their internal consistency and external unity. The chapter specifies the elements that justify the name and recognition of vindicatory justice in history and society. Also, the chapter gives emphasis to the...
LitStream

Hans Kelsen’s Philosophy of Revenge

Di Lucia, Paolo; Passerini Glazel, Lorenzo

Pages: 39 –53

[Hans Kelsen devoted significant attention to “primitive” law, particularly to the phenomenon of blood revenge. His analysis of blood revenge bears witness to the intent to offer a general theory of law, in all its different manifestations. Such a theory, far from being restricted to the...
LitStream

Revenge, Violence and the Civilizing Narrative

Tuori, Kaius

Pages: 55 –68

[The purpose of this chapter is to explore the uses of the past in the debates over justice and retribution, discussing the reception of ancient texts in modern discussions. One of the most persistent narratives of Western history is the civilizing narrative, the story of how the growing...
LitStream

On Revenge and Punishment

Fittipaldi, Edoardo

Pages: 69 –80

[In this chapter, the author proposes a psychoanalytic distinction between revenge and punishment. Punishment is conceptualized as a form of violence exerted by an authority-holder against a subordinate due to the latter’s not having complied with a command or wish of the former. Instead, revenge...
LitStream

“To Restore” Versus “To Vindicate”

Mazzola, Riccardo

Pages: 81 –95

[The present chapter develops a comparison between restorative justice and vindicatory justice. This chapter first shows how restorative justice and historical–ethnographic accounts of vindicatory justice have several traits in common, such as a focus on the victim’s experience and satisfaction,...
LitStream

Antonio Pigliaru

Di Lucia, Paolo; Lorini, Giuseppe; Loddo, Olimpia Giuliana

Pages: 97 –110

[This chapter focuses on the most famous book by the Italian legal philosopher Antonio Pigliaru, La vendetta barbaricina come ordinamento giuridico, first published in 1959. The book collects Pigliaru’s investigations on the Barbagian code and describes the social dynamics of an ancestral folk...
LitStream

‘Une Question De Droit’

Doñate Sastre, Miguel

Pages: 111 –129

[The chapter offers an invitation to bring those who are interested in vindicatory studies closer to Corsican vindicatory justice, taking Le droit de la vendetta et les ‘paci’ corses (1920), by French jurist Jacques Busquet, as the starting point. What follows will explore some new avenues, as...
LitStream

Vindicatory Justice in Madagascar

Rosés Tubau, Mariona

Pages: 133 –148

[This chapter presents composition as a prototypic action for vindicatory justice. In order to illustrate this point, the chapter focuses on conflicts caused by petty theft and minor disputes in rural communities of Madagascar. More specifically, the essay takes on an ethnographic case-study that...
LitStream

Vindicatory Persistence in Barbagia

Romero Noguera, Pablo

Pages: 149 –164

[This chapter shows how the persistence of vindicatory customary law in Barbagia seems to be associated with the displacement and reduction of community life. Accordingly, it ultimately confirms the reduction of the extent of solidarity, reciprocity and hospitality and, consequently, of the...
LitStream

Vindicatory Justice and the Colonial Encounter

Ortuño Aix, José Maria

Pages: 165 –178

[The aim of this Chapter is to show that the legal system of the present-day Nigeria Tiv, belongs clearly to the type of ‘vindicatory justice’. Such a legal system did not act independent from other cultural elements of society, especially of the political-ritual sphere; according to its norms,...

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