Claim Missing Document
Check
Articles

Found 15 Documents
Search

A Lived Experience Well-Understood: What Montesquieu’s The Spirit of the Laws Can Tell Us about Civic Learning in Higher Education Berebon, Charles
Indonesian Journal of Educational Studies Vol 26, No 2 (2023): Indonesian Journal of Educational Studies
Publisher : Universitas Negeri Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26858/ijes.v26i2.71225

Abstract

 This article explores how Montesquieu’s theoretical response to the perceived dangers of modern commerce can inform contemporary approaches to teaching citizenship in higher education. I argue that a Montesquieu-inspired framework for civic learning, which emphasizes a thorough study of a nation’s constitutional and positive laws, would (1) require a foundational level of scientific and economic literacy to understand how recent innovations in commercial modernity might undermine the authority of these laws if left unregulated, and (2) foster an appreciation for the laws, customs, institutions, and practices that these same innovations threaten to erode. The article concludes with practical recommendations for cultivating resilient future stewards of our self-governing republic. I contend that universities must create learning environments that inspire students to pursue diverse forms of success and recognition, particularly by imposing significant restrictions on the use of electronic devices in classrooms.
Religion, Environmental Education, and Rewilding the Humanities Berebon, Charles
Indonesian Journal of Educational Studies Vol 27, No 1 (2024): Indonesian Journal of Educational Studies
Publisher : Universitas Negeri Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26858/ijes.v27i1.71696

Abstract

The modern university often functions as an instrument of domestication, prioritizing the reinforcement of social and economic norms over the expansion of intellectual and imaginative frontiers. The Anthropocene epoch compels us to reimagine the humanities not as isolated, hierarchical disciplines but as foundational to understanding human existence and ethical responsibility within a more-than-human world. This essay advocates for restructuring the American academy in line with Mark C. Taylor’s vision of a multidisciplinary space dedicated to the “comparative analysis of common problems”. It proposes that religious traditions provide valuable frameworks for integrating the humanities (literature, philosophy, arts), social sciences (governance, law), and STEM fields. Furthermore, as society confronts unprecedented environmental, technological, and economic upheavals, engaging with religious texts becomes essential for critiquing the limitations of liberal ideologies ill-equipped to address the climate crisis. This paper introduces the concept of “rewilding” higher education, modeled after conservation principles, emphasizing three key tenets: creativity, curriculum, and collaboration. While focusing on the intersections of religion, ecology, and climate ethics, this approach has implications for all academic disciplines..
Communitarian Legal Pluralism (CLP) and the International Criminal Court (ICC): Toward a Hybrid Justice Model for Mass Atrocity Crimes Berebon, Charles
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 13, No 1 (2025)
Publisher : dialektika kontemporer

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The International Criminal Court (ICC) has long faced criticism for its perceived disconnect from the communities most affected by mass atrocities, with critiques centering on its Western-centric legal framework, punitive focus, and limited engagement with localized justice traditions. This paper proposes a transformative approach by applying Communitarian Legal Pluralism (CLP) to reconceptualize the ICC’s role in transitional justice. CLP, which recognizes the coexistence and legitimacy of multiple legal orders, offers a framework for integrating customary, Indigenous, and restorative justice mechanisms into international criminal proceedings. Through comparative analysis of case studies—including Rwanda’s gacaca courts, Uganda’s mato oput, and Colombia’s hybrid peace tribunals—we argue that a CLP-informed ICC could bridge the gap between global accountability and localized reconciliation. The study examines three key dimensions: (1) how subsidiarity principles could allow the ICC to defer to community-based justice where appropriate, while intervening only when local mechanisms fail to address grave human rights violations; (2) the potential for pluralist sentencing that incorporates reparative measures rooted in victims’ cultural norms; and (3) institutional reforms to enhance victim participation through culturally meaningful procedures. We demonstrate that such a hybrid model would not only strengthen the ICC’s legitimacy but also advance more sustainable post-conflict healing, as seen in cases where restorative practices outperformed retributive justice in fostering social cohesion. Challenges—including tensions between universal human rights standards and cultural relativism, as well as risks of elite capture in customary systems—are critically analyzed. The paper concludes with policy recommendations for a "pluralist complementarity" framework under the Rome Statute, urging the ICC to formally recognize CLP as a guiding principle for future interventions. By centering affected communities’ conceptions of justice, this approach reimagines international criminal law as a dynamic, dialogical system rather than an imposition of external legal norms.
ULTURALLY SUSTAINING PEDAGOGY AS COMMUNITARIAN LEGAL PLURALISM: DECOLONIZING CITIZENSHIP EDUCATION IN MULTICULTURAL NATIONS Berebon, Charles
Indonesian Journal of Educational Studies Vol 28, No 1 (2025): Indonesian Journal of Educational Studies (Early Access)
Publisher : Universitas Negeri Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26858/ijes.v28i1.77343

Abstract

This paper proposes a radical reconceptualization of citizenship education through the theoretical integration of Culturally Sustaining Pedagogy (CSP) and Communitarian Legal Pluralism (CLP). It argues that standard civic education curricula in multicultural nations function as a form of epistemological imperialism, imposing state-centric legal monism while erasing the plural legal and normative worlds of Indigenous, religious, and ethnic minority communities. Drawing on case studies from Canada, Bolivia, and Nigeria, this research demonstrates how a CSP-CLP framework can transform citizenship education from a tool of assimilation into a platform for legal pluralism. The paper examines how CLP’s core tenets—participatory governance, moral embeddedness, and collective well-being—provide the philosophical foundation for a decolonial approach to civics that recognizes multiple, coexisting sources of legal authority and civic identity. Through analysis of existing educational experiments and theoretical synthesis, we develop a model for "plurilegal citizenship education" that prepares students to navigate complex, overlapping jurisdictional realities. The findings suggest that such an approach not only enhances educational engagement among marginalized students but also fosters a more robust, inclusive democratic culture capable of honoring legal diversity without sacrificing core human rights principles. 
The Pluralist Imperative: Reforming the International Criminal Court's Complementarity Principle through a CLP Lens Berebon, Charles
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 13, No 2 (2025): Juli – December 2025
Publisher : dialektika kontemporer

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The International Criminal Court (ICC), governed by the state-centric complementarity principle in Article 17 of the Rome Statute, faces a persistent legitimacy crisis. Its “unwilling or unable” test, designed to adjudicate between national and international jurisdiction, systematically marginalizes non-state, community-based justice mechanisms (CBJMs). This paper argues that this legal centralist approach delegitimizes vital local practices like Uganda’s matu oput and Rwanda’s gacaca, undermining the ICC’s efficacy and moral authority. Applying the tenets of Community Legal Pluralism (CLP), this article offers a critical doctrinal analysis of ICC jurisprudence and a comparative study of its application in contexts like Colombia and Uganda. It posits that CLP—with its emphasis on collective well-being and participatory governance—provides the necessary theoretical lens to reform the complementarity principle. The paper proposes a concrete “pluralist complementarity” framework, outlining specific criteria (e.g., procedural fairness, human rights safeguards, and community legitimacy) for the Office of the Prosecutor to assess CBJMs. Furthermore, it recommends procedural reforms to formally integrate participatory input from traditional justice authorities during preliminary examinations and trial phases. By moving CLP from theoretical critique to actionable institutional reform, this paper provides a blueprint for transforming the ICC into a facilitator of “glocalized” justice, thereby enhancing its legitimacy and effectiveness in the pluralistic global order.