skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 67290 Add to Shopping cart Find in a Library
Title: DISPUTE SETTLEMENT AND DISPUTE PROCESSING IN ZAMBIA INDIVIDUAL CHOICE V SOCIETAL CONSTRAINTS (FROM DISPUTING PROCESS - LAW IN TEN SOCIETIES, 1978, BY LAURA NADER AND HARRY F TODD, JR - SEE NCJ-67284)
Author(s): R S CANTER
Corporate Author: Columbia University Press
United States of America
Date Published: 1978
Page Count: 34
Sponsoring Agency: Columbia University Press
New York, NY 10025
US Dept of Health, Education, and Welfare
Washington, DC 20203
Grant Number: GM-1224
Format: Document
Language: English
Country: United States of America
Annotation: INDIVIDUAL AND SOCIETAL CONSTRAINTS AFFECTING OPTIONS FOR DISPUTE SETTLEMENT AND PROCESSING ARE EXAMINED IN THE CHIEFTANCY OF MONGULE, LOCATED IN THE CENTRAL PROVINCE OF ZAMBIA.
Abstract: A TOTAL OF 65 PERCENT OF THE MONGULE POPULATION ARE INDIGENOUS LENJE WITH LONG-STANDING FAMILY AND SOCIAL TIES IN THE AREA. THE REMAINING POPULATION IS FROM ELSEWHERE IN ZAMBIA AND CENTRAL AFRICA, MOST OF THE NONINDIGENOUS POPULATION HAVE MIGRATED TO MONGULE SINCE THE EARLY 1950'S TO WORK IN CASH CROPPING. THE RANGE OF REMEDY AGENTS COMPOSING MONGULE'S DISPUTE-PROCESSING SYSTEM IS CONCEIVED AND USED IN A HIERARCHICAL ORDER. THE SYSTEM HAS BEEN DEVISED TO MAINTAIN THE BOUNDARIES OF SIGNIFICANT CORPORATE GROUPS THAT SUPPORT THE POWER OF THE LENJE ELITE. INTRAFAMILY DISPUTES ARE EXPECTED TO BE PROCESSED AT THE FAMILY LEVEL, THUS REINFORCING LENJE CONCEPTS OF KINSHIP. VILLAGE DISPUTE PROCESSING IS EXPECTED TO BE DONE THROUGH THE CORPORATE ENTITY OF NEIGHBORHOOD. THE ACTIVATION OF THESE CORPORATE NETWORKS CAN BE AVOIDED BY PROCESSING A DISPUTE PRIVATELY. THE SETTLEMENT FORM IN SUCH A CASE IS CONCILIATION. A REMEDY AGENT OF HIGH STATUS IS CHOSEN, BUT NOT IN HIS PUBLIC ROLE (WHICH WOULD REQUIRE ACTIVATION OF THE CORPORATE NETWORK). THE LOCAL COURT WILL NOT ACCEPT A CASE UNTIL IT HAS FIRST BEEN PROCESSED BY THE APPROPRIATE CORPORATE NETWORK. BY REAFFIRMING THE DECISIONS OF LOWER-LEVEL FORMS OF DISPUTE SETTLEMENT AND CALLING LOWER-LEVEL REMEDY AGENTS AS 'EXPERT WITNESSES,' THE LOCAL COURT HELPS MAINTAIN CORPORATE BOUNDARIES FOR DISPUTE SETTLEMENT AND PROCESSING. A STATISTICAL ANALYSIS OF CASES PROCESSED AT VARIOUS LEVELS, SUPPORTED BY INTERVIEWS, SHOWS THAT LENJES TENDED TO ACCEPT MEDIATION AT THE LOWER LEVELS OF THE CORPORATE NETWORK, WHILE NON-LENJES TENDED TO PREFER PURSUING SETTLEMENT BY THE COURT. NOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--RCB)
Index Term(s): Africa; Conflict resolution; Cultural influences; Dispute processing; Dispute resolution; Social organization
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67290

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.