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THE TRADITIONAL ROMANI COURT (O rromskim sadzie obyczajowym)

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Courthiade M.

Studia Romologica

2009

vol. 2

13-32

(Title in Roma language: I kris i rromani). In a short discussion about the existing judiciaries, the article points at just how diverse and relative they are when observed in a wider perspective. The paper then attempts to explain how and why the Rromani kris is, one might say, secret and to make clear its nature and main features. After explaining when, where and how Rroms convene a kris and how this act strengthens Rromani identity, it brings to light some 20 differences between Rromani and non-Rromani judiciaries: stating among others, that the Rromani system focuses more on mediation and harmony among Rroms, rather than on punishment as non-Rromani ones do which often leads to more or less hidden injustices and resentment in the name of justice. The article goes on to draw further parallels with other customary courts of justice, such as the pancajat raj in India and the ihtiyar hejet in Turkey, however, their function appears to be broader than the Rromani kris. Romania officially recognizes the Rromani kris and its authority as a 'constitutive institution of the State' (albeit, this has given rise to polemics in the country itself) and such recognition of the kris is expected to be adopted in Columbia very soon. The Rromani kris raises many philosophical questions related to policy and true democracy nowadays.

THE ROMA COURTS OF LAW. THE ROLE OF THE ELDERS IN SOLVING CONFLICTS AND SETTLING DISPUTES, IN THE CONTEXT OF TRADITIONAL LAW (O sadach cyganskich. Znaczenie starszyzny w rozstrzyganiu sporow w kontekscie prawa zwyczajowego)

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Kowarska A. J.

Studia Romologica

2009

vol. 2

79-121

(Title in Roma language: Pal-e rromane krisa – e phurenqeri rola and-o chinipen e cingarenqero and-e rromane zakonenqero konteksto). Customary laws, traditional ways of solving disputes and seeking solutions to conflicts belong to an area of the social reality into which the magical Roma perception of the world imbues itself. Since it is the Roma elders who wield the power in the matter, I decided to focus my article on their role in settling disputes and imposing punishment. My research, carried out within the Roma communities in Poland and Lithuania, proves that the traditional law plays an extremely important role in Roma societies. It is a set of norms, rules and prohibitions firmly based on tradition. I gathered my materials during a period of 2006-2008 while researching Roma taboos in the Polska Roma group. Applying norms and behaviour patterns related to the traditional way of life is a common practice among the Roma people. In settling disputes within the Roma groups, the traditional law is far more superior to the official state law, and an official verdict produced by a Polish court of law is not a final verdict to be generally accepted.

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2 Studia Romologica

1 Courthiade M.

1 Kowarska A. J.

2 2009

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THE TRADITIONAL ROMANI COURT (O rromskim sadzie obyczajowym)

THE ROMA COURTS OF LAW. THE ROLE OF THE ELDERS IN SOLVING CONFLICTS AND SETTLING DISPUTES, IN THE CONTEXT OF TRADITIONAL LAW (O sadach cyganskich. Znaczenie starszyzny w rozstrzyganiu sporow w kontekscie prawa zwyczajowego)