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Kiamas: Rethinking access to justic...

Muli, Elizabeth Wanjama.

Kiamas: Rethinking access to justice in domestic violence cases in Kenya.

Record Type:	Electronic resources : Monograph/item
Title/Author:	Kiamas: Rethinking access to justice in domestic violence cases in Kenya.
Author:	Muli, Elizabeth Wanjama.
Description:	200 p.
Notes:	Adviser: Michele Landis Dauber.
Notes:	Source: Dissertation Abstracts International, Volume: 65-09, Section: A, page: 3543.
Contained By:	Dissertation Abstracts International65-09A.
Subject:	Law.
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3145563
ISBN:	0496045148

Kiamas: Rethinking access to justice in domestic violence cases in Kenya.
Muli, Elizabeth Wanjama.

Kiamas: Rethinking access to justice in domestic violence cases in Kenya. - 200 p.

Adviser: Michele Landis Dauber.

Thesis (J.S.D.)--Stanford University, 2004.

I argue that how women strategize when making choices on process and their interaction with the law during dispute processing reveal the extent of legal consciousness in criminal law relating to domestic violence and its implications for social movements that seek to influence legal reforms that address domestic violence. The study shows that formal law though important is not the exclusive determinant on how individuals choose to behave.

ISBN: 0496045148Subjects--Topical Terms:

207600
Law.

Kiamas: Rethinking access to justice in domestic violence cases in Kenya.
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245 1 0 $a Kiamas: Rethinking access to justice in domestic violence cases in Kenya.
300 $a 200 p.
500 $a Adviser: Michele Landis Dauber.
500 $a Source: Dissertation Abstracts International, Volume: 65-09, Section: A, page: 3543.
502 $a Thesis (J.S.D.)--Stanford University, 2004.
520 # $a I argue that how women strategize when making choices on process and their interaction with the law during dispute processing reveal the extent of legal consciousness in criminal law relating to domestic violence and its implications for social movements that seek to influence legal reforms that address domestic violence. The study shows that formal law though important is not the exclusive determinant on how individuals choose to behave.
520 # $a The dissertation explores the interrelationship between the law and culture through a case study of informal justice processes involving domestic violence cases in two communities in Kenya. By describing kiamas (informal justice processes), it places social and cultural practices within an institutional context. It goes beyond a focus on formal legal institutions to those which constitute the social engagements between individuals in their everyday lives. The objective is to establish the meaning of kiamas for the survivors of domestic abuse by determining the nature and goals of these processes, the needs and expectations of the women and the extent to which the goals were met. By analyzing individual decision making and behavior, it decenters the courts and formalistic law in the study of legal consciousness.
520 # $a Through qualitative in depth interviews with women who have suffered domestic abuse, I seek to understand the particular and subjective meanings of informal justice processes. This approach exposes the variations in experience and understandings that individuals in similar situations may view the law. This is an important story to tell in the discourse on how the law influences behavior particularly in the feminist legal theory and research. Interpretative processes on women's rights issues have tended to eliminate specificity in their pursuit of a dominant and univocal voice of legitimate meanings. These interpretative frames provide only partial truth; A truth that excludes those differential meanings given by those in different situations. Because culture and knowledge are socially constructed, it becomes useful to view individuals as legal actors, as windows through which to gain an insight into the interstices between law and culture, between the private and public, the personal and political, formal and informal, the individual and the state.
590 $a School code: 0212.
650 # 0 $a Law. $3 207600
650 # 0 $a Sociology, Public and Social Welfare. $3 212442
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