{"title":"“如果你在政府,你仍然可以执行传统法律”菲律宾拉瑙的混合与司法交付","authors":"J. Adam","doi":"10.5334/STA.643","DOIUrl":null,"url":null,"abstract":"This article discusses the emergence of hybrid institutional arrangements in the field of security and justice delivery in the provinces of Lanao del Sur and Lanao del Norte in the Philippines. It will be argued that these hybrid institutions cannot be explained by pointing at a weak or fragile state. Rather, over the past few decades, the Philippine state has demonstrated an exceptional capacity to incorporate a range of informal practices of justice delivery within formal state institutions. In the type of hybridity that is emerging, formal state institutions serve as avenues through which highly flexible practices of justice and security delivery are being performed. As a result, control over justice and security provision has been transferred from traditional authorities to elected politicians. Rather than being a process of legitimate and sustainable state formation, this has reinforced an authoritarian political order under which access to justice and security is unevenly distributed. Based on these observations, this article puts forward some questions about a defining axiom within the current hybrid political order literature that views the interaction of informal and formal types of public authority as a prime avenue to enable post-conflict reconstruction and state formation.","PeriodicalId":44806,"journal":{"name":"Stability-International Journal of Security and Development","volume":"77 1","pages":"1-14"},"PeriodicalIF":0.6000,"publicationDate":"2018-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"‘If you are in government, you can still implement traditional law’ Hybridity and Justice Delivery in Lanao, the Philippines\",\"authors\":\"J. Adam\",\"doi\":\"10.5334/STA.643\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article discusses the emergence of hybrid institutional arrangements in the field of security and justice delivery in the provinces of Lanao del Sur and Lanao del Norte in the Philippines. It will be argued that these hybrid institutions cannot be explained by pointing at a weak or fragile state. Rather, over the past few decades, the Philippine state has demonstrated an exceptional capacity to incorporate a range of informal practices of justice delivery within formal state institutions. In the type of hybridity that is emerging, formal state institutions serve as avenues through which highly flexible practices of justice and security delivery are being performed. As a result, control over justice and security provision has been transferred from traditional authorities to elected politicians. Rather than being a process of legitimate and sustainable state formation, this has reinforced an authoritarian political order under which access to justice and security is unevenly distributed. Based on these observations, this article puts forward some questions about a defining axiom within the current hybrid political order literature that views the interaction of informal and formal types of public authority as a prime avenue to enable post-conflict reconstruction and state formation.\",\"PeriodicalId\":44806,\"journal\":{\"name\":\"Stability-International Journal of Security and Development\",\"volume\":\"77 1\",\"pages\":\"1-14\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2018-09-05\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Stability-International Journal of Security and Development\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5334/STA.643\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Stability-International Journal of Security and Development","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5334/STA.643","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
‘If you are in government, you can still implement traditional law’ Hybridity and Justice Delivery in Lanao, the Philippines
This article discusses the emergence of hybrid institutional arrangements in the field of security and justice delivery in the provinces of Lanao del Sur and Lanao del Norte in the Philippines. It will be argued that these hybrid institutions cannot be explained by pointing at a weak or fragile state. Rather, over the past few decades, the Philippine state has demonstrated an exceptional capacity to incorporate a range of informal practices of justice delivery within formal state institutions. In the type of hybridity that is emerging, formal state institutions serve as avenues through which highly flexible practices of justice and security delivery are being performed. As a result, control over justice and security provision has been transferred from traditional authorities to elected politicians. Rather than being a process of legitimate and sustainable state formation, this has reinforced an authoritarian political order under which access to justice and security is unevenly distributed. Based on these observations, this article puts forward some questions about a defining axiom within the current hybrid political order literature that views the interaction of informal and formal types of public authority as a prime avenue to enable post-conflict reconstruction and state formation.
期刊介绍:
Stability: International Journal of Security & Development is a fundamentally new kind of journal. Open-access, it publishes research quickly and free of charge in order to have a maximal impact upon policy and practice communities. It fills a crucial niche. Despite the allocation of significant policy attention and financial resources to a perceived relationship between development assistance, security and stability, a solid evidence base is still lacking. Research in this area, while growing rapidly, is scattered across journals focused upon broader topics such as international development, international relations and security studies. Accordingly, Stability''s objective is to: Foster an accessible and rigorous evidence base, clearly communicated and widely disseminated, to guide future thinking, policymaking and practice concerning communities and states experiencing widespread violence and conflict. The journal will accept submissions from a wide variety of disciplines, including development studies, international relations, politics, economics, anthropology, sociology, psychology and history, among others. In addition to focusing upon large-scale armed conflict and insurgencies, Stability will address the challenge posed by local and regional violence within ostensibly stable settings such as Mexico, Brazil, Russia, India, Indonesia and elsewhere.