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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Giriama reconciliation
Author:Johnston, Marquerite
Periodical:African Law Studies
Geographic term:Kenya
customary law
External link:https://heinonline.org/HOL/Page?handle=hein.journals/jlpul16&id=98&collection=journals&index=journals/jlpul
Abstract:Reconciliation is the express purpose of elders' councils and oracles, two traditional dispute institutions of the Giriama of Kenya. The case studies presented in this paper show that the techniques used to reconcile disputants are highly variable and reflect such factors as the gravity of the accusation, the social relationship between disputants, and their explicit purposes in litigating. The author tries to convey how these factors can influence dispute settlement procedures and how, to a lesser degree, these procedures can affect social relations. It is apparent that the outcomes of disputes are largely predetermined by the attitudes and motivations that disputants bring to the forum. This paper emphasizes, however, the intricacies of the dispute settlement procedures themselves and the dyadic relationship between disputants. Ethnographic data are presented to suggest the possible sources of conflict inherent in these relationships and how breaking of certain culturally approved norms affects the future of the relationships. An attempt is made to clarify the inadequate concept of 'African arbitration'. Ref., notes, sum. in French p. 128.