Publication: Culture-Based Justice Architecture : Building Community Wellbeing through Deeper Cultural Engagement
Loading...
Date
2010-01
ISSN
Published
2010-01
Author(s)
Editor(s)
Abstract
Law and the culture of law find their expression in the many facets of the law's institutions. One of the most visible of these is the architecture of the places in which the legal process is enacted. Through architecture it is possible to communicate widely variant cultural perspectives on the rule of law. In contemporary Australia, an advanced and successful democracy, Aboriginal families continue to experience grossly disproportionate incarceration rates in the justice and correctional institutional systems, often in demonstrably inappropriate environments. Most commentators agree that a significant contributing factor to overrepresentation in these institutions is the high degree of cultural loss that Aboriginal Australia has suffered, and continues to suffer. This paper argues that part of the solution lies in an acknowledgment of and engagement with Aboriginal culture where it persists as an evident and potentially viable feature of Aboriginal communities. Anthropologists, sociologists, Aboriginal advocates and linguists have furnished tools necessary to implement a culturally literate understanding in the endeavors of law reformers, architects and agents of economic development. Nevertheless there remains at political and key administrative levels, significant pockets of resistance to such an approach to reform. The author, a practicing architect specializing in the design of a broad range of facilities in cross cultural environments, draws upon successful examples of both built works and projects to demonstrate a proven approach to tackling the problem successfully. It is suggested that whilst the cultural circumstances of Aboriginal Australia are unique, the underlying principles of the approach advanced by this paper may be broadly applicable in many of the projects supported by the World Bank and others working towards the advancement of justice reform through the implementation of practical initiatives in communities.
Link to Data Set
Citation
“Kirke, Philip James. 2010. Culture-Based Justice Architecture : Building Community Wellbeing through Deeper Cultural Engagement. Justice and development working paper series;no. 10. © http://hdl.handle.net/10986/18105 License: CC BY 3.0 IGO.”
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Women's Voice and Agency : The Role of Legal Institutions and Women's Movements(World Bank, Washington, DC, 2014)Global events like the Beijing Women s Conference of 1995 have resulted in the creation of strong international frameworks that set standards for women s rights around the world. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Beijing Platform for Action, and other international norms define the scope of universal rights for women and girls, and have opened new spaces for regional and national legal reform. Bottom-up engagement with these international laws and institutions by local and transnational women s movements has catalyzed widespread changes in lawmaking and transformed standard-setting documents into tools for reform. The following paper discusses four important pillars of women s voice and agency (while recognizing that there are others which are beyond the scope of this review): freedom from the risk of violence; freedom of movement; freedom to make decisions on family formation and the freedom to shape policy. It will examine the ways in which these freedoms impact women s voice and the ways in which women are working to reform law and policy to ensure these four freedoms are accessible to all.Publication The Illusion of Inclusion : Women's Access to Rights in Northern Kenya(World Bank, Nairobi, 2008-12)This paper shows how official laws concerning justice for women, can be difficult to apply when they are not socially acknowledged, contextualized, or received, and therefore have minimal impact on women's lives. It demonstrates that the inclusion of women through international conventions, domestic legal reform, and gender quotas in participatory processes, is illusory. While these are all important instruments in women's empowerment, the paper calls upon access to justice practitioners and policy makers to place equal emphasis on fostering the practical implementation of laws and to emphasize opportunities for increased equality in informal systems.Publication The Hybrid Courts of Melanesia : A Comparative Analysis of Village Courts of Papua New Guinea, Island Courts of Vanuatu, and Local Courts of Solomon Islands(World Bank, Washington, DC, 2010-01)This paper examines three systems of courts of justice, each in a different country in the region of South Pacific islands known as Melanesia, where state legal systems have been adopted from former European colonial governments. The systems discussed are, by comparison, 'hybrid', each of them having been established with the intention of addressing disputes among small-scale social groups by less formal means or by taking greater heed of customary forms of dispute resolution. The paper applies a comparative analysis of these systems, covering their distinct history and the variances in structure, funding, personnel and jurisdictional coverage that impact on their effectiveness as state-sanctioned courts. Conclusions are offered with observations about the strengths and weaknesses of these hybrid systems and their potential for development as instruments of community-owned justice in Melanesia.Publication Violence Against Women and Girls : Citizen Security, Law, and Justice Brief(World Bank, Washington, DC, 2015-04)For every three years a country is affected by major violence (defined as deaths due to war or excess homicides comparable to a major war), economic growth lags behind by 2.7 percentage points. Citizen security issues impact women and men differently. For example, women are more likely to be assaulted or murdered by someone they know - in fact, worldwide the share of homicides by an intimate partner was six times higher for female victims compared with male victims (39 percent versus 6 percent, respectively). Boys who witness intimate partner violence (IPV) during childhood are more likely to exhibit delinquent behavior and to perpetrate IPV in adulthood. And girls who witness violence are more likely to experience IPV in adulthood.Publication The Drug Treatment Court Concept : The Jamaican Drug Courts(World Bank, Washington, DC, 2013-01)The Drug Treatment Court (DTC) model was conceived out of the need to solve the numerous and intractable problems that drug related cases create for court systems. A DTC is generally seen as a court that deals specifically with offenders who have committed offenses while under the influence of drugs and provides an alternative to incarceration. DTCs make use of a multidisciplinary team involving judges, prosecutors, defense attorneys, probation officers, treatment providers, police officers, and educational and vocational experts. The criminal justice and health service systems join to provide drug-dependent offenders with the mechanisms to recover from drug addiction and lead a productive and crime-free life. The purpose of this paper is to explore the concept of DTCs. After providing an overview of the origins of the DTC, looking at its roots in the United States and Canada, the paper examines the foundation and present-day experiences of DTCs in Jamaica. It also refers to some efforts among various countries in the Western Hemisphere to monitor DTCs and evaluate their effectiveness. The paper concludes with a return to the achievements of DTCs in Jamaica and a brief look at the future of the DTC program worldwide.
Users also downloaded
Showing related downloaded files
Publication Europe and Central Asia Economic Update, Fall 2024: Better Education for Stronger Growth(Washington, DC: World Bank, 2024-10-17)Economic growth in Europe and Central Asia (ECA) is likely to moderate from 3.5 percent in 2023 to 3.3 percent this year. This is significantly weaker than the 4.1 percent average growth in 2000-19. Growth this year is driven by expansionary fiscal policies and strong private consumption. External demand is less favorable because of weak economic expansion in major trading partners, like the European Union. Growth is likely to slow further in 2025, mostly because of the easing of expansion in the Russian Federation and Turkiye. This Europe and Central Asia Economic Update calls for a major overhaul of education systems across the region, particularly higher education, to unleash the talent needed to reinvigorate growth and boost convergence with high-income countries. Universities in the region suffer from poor management, outdated curricula, and inadequate funding and infrastructure. A mismatch between graduates' skills and the skills employers are seeking leads to wasted potential and contributes to the region's brain drain. Reversing the decline in the quality of education will require prioritizing improvements in teacher training, updated curricula, and investment in educational infrastructure. In higher education, reforms are needed to consolidate university systems, integrate them with research centers, and provide reskilling opportunities for adult workers.Publication Guide to the Debt Management Performance Assessment Tool(Washington, DC, 2008-02-05)The purpose of this document is to provide guidance and supplemental information to assist with country assessments of debt management performance, using the Debt Management Performance Assessment (DeMPA) tool. The DeMPA is a methodology used for assessing public debt management performance through a comprehensive set of 15 performance indicators spanning the full range of government Debt Management (DeM) functions. It is based on the principles set out in the International Monetary Fund (IMF) and World Bank guidelines for public debt management, initially published in 2001 and updated in 2003. It is modeled after the Public Expenditure and Financial Accountability (PEFA) framework for performance measurement of public financial management. The DeMPA has been designed to be a user-friendly tool to undertake an assessment of the strengths and weaknesses in government DeM practices. This guide provides additional background and supporting information so that a no specialist in the area of debt management may undertake a country assessment effectively. The guide can be used by assessors in preparing for and undertaking an assessment. It is particularly useful for understanding the rationale for the inclusion of the indicators, the scoring methodology, and the list of supporting documents or evidence required, and the questions that could be asked for the assessment.Publication Business Ready 2024(Washington, DC: World Bank, 2024-10-03)Business Ready (B-READY) is a new World Bank Group corporate flagship report that evaluates the business and investment climate worldwide. It replaces and improves upon the Doing Business project. B-READY provides a comprehensive data set and description of the factors that strengthen the private sector, not only by advancing the interests of individual firms but also by elevating the interests of workers, consumers, potential new enterprises, and the natural environment. This 2024 report introduces a new analytical framework that benchmarks economies based on three pillars: Regulatory Framework, Public Services, and Operational Efficiency. The analysis centers on 10 topics essential for private sector development that correspond to various stages of the life cycle of a firm. The report also offers insights into three cross-cutting themes that are relevant for modern economies: digital adoption, environmental sustainability, and gender. B-READY draws on a robust data collection process that includes specially tailored expert questionnaires and firm-level surveys. The 2024 report, which covers 50 economies, serves as the first in a series that will expand in geographical coverage and refine its methodology over time, supporting reform advocacy, policy guidance, and further analysis and research.Publication The Mexican Social Protection System in Health(World Bank, Washington DC, 2013-01)With a population of 113 million and a per-capita Gross Domestic Product, or GDP of US$10,064 (current U.S. dollars), Mexico is one of the largest and highest-income countries in Latin America and the Caribbean (LAC). The country has benefited from sustained economic growth during the last decade, which was temporarily interrupted by the financial and economic crisis. Real GDP is projected to grow 3.8 percent and 3.6 percent in 2012 and 2013, respectively (International Monetary Fund, or IMF 2012). Despite this growth, poverty in the country remains high; with half of the population living below the national poverty line. The country is also highly heterogeneous, with large socioeconomic differences across states and across urban and rural areas. In 2010, while the extreme poverty ratio in the Federal District and the states of Colima and Nuevo Leon was below 3 percent, in Chiapas, Guerrero, and Oaxaca it was 25 percent or higher. These large regional differences are also found in other indicators of well-being, such as years of schooling, housing conditions, and access to social services. This case study assesses key features and achievements of the Social Protection System in Health (Sistema de Proteccion Social en Salud) in Mexico, and particularly of its main pillar, Popular Health Insurance (Seguro Popular, PHI). It analyzes the contribution of this policy to the establishment and implementation of universal health coverage in Mexico. In 2003, with the reform of the General Health Law, the PHI was institutionalized as a subsidized health insurance scheme open to the population not covered by the social security schemes. Today, the PHI covers all of its intended affiliates, about 52 million peoplePublication Classroom Assessment to Support Foundational Literacy(Washington, DC: World Bank, 2025-03-21)This document focuses primarily on how classroom assessment activities can measure students’ literacy skills as they progress along a learning trajectory towards reading fluently and with comprehension by the end of primary school grades. The document addresses considerations regarding the design and implementation of early grade reading classroom assessment, provides examples of assessment activities from a variety of countries and contexts, and discusses the importance of incorporating classroom assessment practices into teacher training and professional development opportunities for teachers. The structure of the document is as follows. The first section presents definitions and addresses basic questions on classroom assessment. Section 2 covers the intersection between assessment and early grade reading by discussing how learning assessment can measure early grade reading skills following the reading learning trajectory. Section 3 compares some of the most common early grade literacy assessment tools with respect to the early grade reading skills and developmental phases. Section 4 of the document addresses teacher training considerations in developing, scoring, and using early grade reading assessment. Additional issues in assessing reading skills in the classroom and using assessment results to improve teaching and learning are reviewed in section 5. Throughout the document, country cases are presented to demonstrate how assessment activities can be implemented in the classroom in different contexts.