Chapter 10 Customary Law and the Joys of Statelessness: Somali Realities beyond Libertarian Fantasies

Chapters in this book

1. Frontmatter i
2. Contents v
3. Figures and Tables vii
4. Acknowledgements viii
5. Introduction. On Retaliation: Conceptual Plurality, Transdisciplinary Research, Rifts, Blurrings and Translations 1
6. Section I Retaliation and the Human Nature: The Search for Universalities?
7. Chapter 1 Revenge and Retaliation: A Social-Functionalist Approach 29
8. Chapter 2 In the Heat of the Moment: The Influence of Visceral Factors on Retaliation 47
9. Section II Retaliation in Psychological and Economic Analyses of Crime and Deviance
10. Chapter 3 A Criminal is a Victim is a Criminal? An Economist’s View on the Victim–Offender Overlap 69
11. Chapter 4 Laypeople’s Reactions to Deviancy as Determined by Retributive Motives 81
12. Section III Retaliation and Punishment: Encounter of Formal and Informal Normativities
13. Chapter 5 Violent Crimes and Retaliation in the European Criminal Justice System between the Seventeenth and Nineteenth Centuries 101
14. Chapter 6 Crime in Motion: Predation, Retaliation and the Spread of Urban Violence 122
15. Section IV Faith-Based Retaliation: Spirituality and Normativity of the Retaliatory Grammar
16. Chapter 7 Crime and Punishment: Intentionality and Diya in Algeria and Sudan 145
17. Chapter 8 ‘Bewitched People and Bad Luck Everywhere!’ Disputing and Magical Retaliation in SiSwati-Speaking Southern Africa 164
18. Section V Retaliation in Negotiations and Organizations of Social and Political Orders
19. Chapter 9 Forum Shopping as Retaliation in Disguise: How Nomadic Fulbe Condemn Retaliation and Forum Shopping, But Practise Them Anyway 185
20. Chapter 10 Customary Law and the Joys of Statelessness: Somali Realities beyond Libertarian Fantasies 208
21. Section VI Travelling Models of Retaliation: Postconflict Scenarios in International Law and on the Ground
22. Chapter 11 Retaliation in Postwar Times: An Analysis of the Rhetoric and Practices of Retaliation in Bamyan, Afghanistan, 2009 239
23. Chapter 12 The International Criminal Court Reparation System: Punishment, Retaliation, Restoration 257
24. Conclusion: Retaliation in Specific Spheres of Effectiveness 283
25. Index 307