Journal articles on the topic 'Gender - Conflicts of laws. between positive law and customary law'

With the emergence of receptie theory, there was a conflict between customary laws and Islamic law in the past, resulting in a protracted systemic conflict. However, the opposite occurs in the context of legal practices in Aceh, namely the accommodation of the two legal systems. This study aims to elucidate the incorporation of customary laws in Islamic law as it pertains to inheritance issues in Aceh. This study analyzes empirical legal research through the lens of legal pluralism. The data was gathered through in-depth interviews and literature reviews. This study found that various inheritance-related cases involving substitute successors, joint assets, heirs of different religions, and obligatory wills for adopted children are examples of how Islamic law accommodates customary laws. The two factors responsible for the accommodation of adat in Islamic law are the nature of the law, which is dynamic, elastic, and flexible, and the sociological condition and personality of the Acehnese, which support this integration. Moreover, this accommodation has a positive impact on the lives of people so that the maintenance and observance of adat or customs become firmer, the law functions as social control and Islamic law is cultivated in society. Theoretically, in the context of legal pluralism, accommodation between adat in Islamic law creates a space for harmonization as the main goal of this theory, not the theory of receptie which gives birth to conflicts and conflicts between legal systems.

ABSTRACTThe actual and perceived conflicts between customary law and human rights law, especially in issues dealing with gender equality, have remained a major challenge in Africa. Some of these conflicts are further complicated by the varying and contradictory interpretation of some customary laws by the courts. Different approaches have been adopted at different times and in different places to deal with some of these conflicts. One of the most controversial areas of customary law has been the traditional exclusion of women from property inheritance. This paper takes a critical look at how the courts in Botswana have dealt with the issue of the right to inherit the homestead or family home. It examines this issue in the specific context of the recent case of Ramantele v Mmusi in which the Court of Appeal had to consider the customary law rule of male ultimogeniture – which permits only the last-born son to inherit the homestead intestate to the exclusion of other siblings, especially females. It argues that courts need to be more proactive and progressive in their approach to dealing with such issues than they have been in the past in order to recognise the nature and extent of changes that are taking place today. The main lesson that can be drawn from the Botswana case is that if customary law is to survive and develop, more needs to be done to promote research and scholarship in this area and judges also need to take advantage of this research and deal with these customary law disputes with knowledge, understanding and sensitivity.

The understanding of the correlation between parental grants (hibah) to children and inheritance can lead to disputes and conflicts among heirs within families in Indonesia. This article aims to elucidate the correlation between gifts and inheritance, particularly parental gifts to children, from the perspective of positive law and customary law in Indonesia. To achieve this, the author conducted a literature review to examine and analyze various relevant sources on gifts and their correlation with inheritance. This study yielded the following conclusions: Firstly, according to the Civil Code (KUHPerdata), Compilation of Islamic Law (KHI), and customary law, gifts given by parents to children can be counted as part of the inheritance. Secondly, the status of a child who is a recipient of parental gifts, according to the Civil Code, KHI, and customary law, does not hinder them from receiving their rightful inheritance.

AbstractThis article analyses the legal processes of recognising customary and religious (Muslim) marriages in South Africa's constitutional democracy. It argues that the best interpretation of the Constitution requires laws that address cross-cutting issues of recognition and redistribution relating to religion/culture and gender, and that the best way to achieve this is through a ‘pluralistic solidarity’ that enables dialogue on how to secure cultural and religious recognition without undermining the rights of women. It examines how the different processes of cultural/religious law reform in South Africa have become sites of struggle over the meaning of collective and individual identity, public/private power, citizenship and rights, and gender and democracy, and how particular sociopolitical conditions, ideological struggles and overarching conflicts and interests have shaped each process of law reform. Thus it distinguishes between the ideal and the possible, the normative and the strategic, in law reform. It notes the conditions under which the incomplete process of recognition of Muslim marriage law has seen a greater deference to religious norms and private regulation than customary law reform, which saw a greater institutionalisation of gender equality norms. The article concludes by emphasising the open-ended nature of legal processes, the possibilities of using courts to challenge ongoing inequalities in religion and custom, and the ever-present role of politics in legal outcomes.

With regard to access to land and forest resources, forestry legislation maintains an imbalance between the state, corporations, and local communities. Since the colonial era, forestry regulation has facilitated restrictions on the ability of local communities to benefit from land and forest resources, while also concentrating power in the hands of the state. To uphold state ownership, forestry law criminalizes customary practices, putting local communities at risk. In this sense, conflicts between local communities, corporations, and government agencies arise because of structural issues in the legal framework of laws and regulations that undermine the land rights of local communities. The establishment of the Constitutional Court in Indonesia in 2003 has enabled local communities and NGOs to challenge the Forestry Law. They use the Constitutional Court to support the resolution of forestry tenure conflicts. This article examines the extent to which the Constitutional Court can contribute to the resolution of forest tenure conflicts through judicial review of forest laws. This article discusses twelve Constitutional Court decisions regarding judicial review of the Forestry Law and the Law on Forest Destruction Prevention and Eradication. We found that the Constitutional Court has made a positive contribution to addressing the deficiency of forest legislation regarding local and customary land rights. The implementation of Constitutional Court’s ruling is not, however, a matter of self-implementation. The ruling of the Constitutional Court will only have significance if it is continuously promoted by various stakeholders in support of forest tenure reform to facilitate the resolution of forest tenure conflicts.

There has been a growing interest in laws governing resources particularly land in reference to gender in Africa. Law reforms in relation to land have produced potentially useful regulations and espoused egalitarian land rights. However, the backdrop to these reforms contains a scene of land disputes, resistance to laws, violence against women and poor enforcement leading to injustices to women with a pervasive effect on families in vulnerable communities. Using focused ethnographic research methods, the writer investigated women's land rights between November 2015 and August 2016. In-depth interviews, focus group discussions, review of archival records and observations were utilised. The study found that in contexts of prolonged livelihood vulnerabilities, as in the case of the Luo people of south-western Kenya, women seeking refuge from livelihood difficulties employ two strategies to anchor their security. They migrate from marital homes to fishing villages and also lay claim to marital land, which is held by men according to customary laws. These strategies produce social dilemmas and risky manoeuvering. Statutory land laws that are enacted to mitigate land related conflicts undermine the existing customary land laws that advantage men. Therefore, women's land claims, and statutory land laws that espouse equality in land ownership, destabilise men's sense of masculinity. By drawing on the experiences of women, I show the intersection between land laws, enduring injustices and gender relations in a context of strained livelihoods.

Karo Batak customary inheritance law is based on a patrilineal system which determines that the main heir is the eldest son. However, it should be noted that women also have the right to inheritance in some cases, especially if there are no sons in the family. In general, inherited assets are divided equally between the children and surviving spouse of the deceased, but certain properties such as land or inherited property in particular are more likely to be passed patrilineally to the eldest male child to maintain the continuity of the bloodline. This system also recognizes the important role of ancestors in determining inheritance distribution and has strong customary mechanisms to resolve conflicts that may arise regarding inheritance distribution. Even though it is still recognized and implemented, Karo Batak customary inheritance law has faced several challenges and adaptations with the advent of the modern era. Changing living patterns, urbanization, greater education, and the influence of national laws often influence the way heritage is managed and shared. In many cases, inheritance arrangements may combine elements of customary law with national law to adapt to social changes and the practical needs of modern families. This could have the impact of a more equal distribution between children, without necessarily taking into account gender or birth order, as well as paying more attention to the economic and social needs of family members. Despite this, customary inheritance law practices are still respected and maintained in many Karo Batak communities, often as part of their cultural identity and traditions.

With the nature that is so important, the soil was ranked first most potential conflict both vertical conflict (conflict between the residents and the authorities) and horizontal conflicts (conflicts among fellow citizens). Therefore a government of a country should be able to put politics pertanahannya law precisely by considering all sides of the state of society so that potential conflicts as mentioned above can be minimized. Against that government of the Republic of Indonesia after the win independence from the Dutch, trying to land reform and political building a new national land law by changing land laws in force earlier, Agrarisch Wet (Stb 1870-55) was considered not appropriate with the personality of the Indonesian nation. Hence was born the Act No. 5 of 1960 (BAL No.5 / 1960), the Law on Agrarian, hereinafter referred to as UUPA. The focus of the problem in this research is the dimension of Public Important Giving Hak Guna Usaha (HGU) Above Communal Land of Indigenous People, research conducted with secondary data are descriptive qualitative research shows the first, very important to the principle of general interest not give customary land both, would need to be established specifically about the provisions of lands which have positive implications for the public interest.Keywords: Publik Interest, HGU, Communal Land

AbstractThis writing is intended to convey the analysis and critiques on issues and situations of the Lamaholot inheritance customary law must not only be under the ancestor's values that developed in the society but also following the development of the society that has gone through modernization and emancipation, which has resulted in equal positions between men and women in every aspect of human life. Through juridical normative research method, and the emphasis on the Lamaholot tribe, it is found that there are an imbalance position and rights between male and female successor, where the right to inherit is only owned by the male successor. This creates an injustice for the female successor, which fundamentally violates the concept of inheritance in the Indonesian Civil Law Code as the national guidelines of the private sphere of society. The existence of law has greatly impacted human life because where there are humans, that is where the law is. The law will only be classified appropriate if it achieves legal objectives, namely justice, legal certainty, and legal benefit. One of the spheres of human life which are also regulated by law is in the process of inheritance by the predecessor to the successor. This inheritance then enters the realm of private law, which is still dominated by customary law. Customary law as a form of cultural diversification of Indonesia and a core element of the development of the national law itself is still upright and implemented in the practice of inheritance. As a result, it can be concluded that gender-based rights disparities are evident in the socio-cultural life of the Lamaholot indigenous tribe. Thus, through this research, two paths should be implemented by the state. The first one is to approve the Bill on the Protection of Customary Law Communities as an instrument that will act as the implementative boundaries for the implementation of customary law and the second one is to accommodate customary law into Regional Regulations (Peraturan Daerah) as a form of preservation of the customary values of each tribe so that they are in line with the applicable positive laws without eliminating the uniqueness of each basic cultural values of each region.Keywords: customary law; Lamaholot tribe; inheritance AbstrakTulisan ini bertujuan untuk menganalisis dan mengkritik masalah dan situasi pengaturan pewarisan hukum adat Lamoholot yang sepatutnya tidak hanya sesuai dengan nilai-nilai nenek moyang yang berkembang di masyarakat, tetapi juga sesuai dengan perkembangan masyarakat yang telah melalui modernisasi dan emansipasi dalam masyarakat yang melahirkan kesetaraan kedudukan antara laki-laki dan perempuan dalam setiap lini kehidupan manusia. Metode yang digunakan ialah yuridis normative untuk menelaah kritis pada sistem waris adat suku Lamaholot, justru ditemukan adanya ketidakseimbangan kedudukan dan hak atas ahli waris yang berjenis kelamin laki-laki dan perempuan, dimana hak atas waris hanya dimiliki oleh ahli waris yang berjenis kelamin laki-laki saja. Tentunya hal ini menimbulkan sebuah ketidakadilan bagi ahli waris yang berjenis kelamin perempuan, dimana turut melanggar konsep pewarisan yang dianut dalam KUHPerdata selaku kaidah pedoman nasional yang mengatur ranah privat masyarakat. Eksistensi hukum sangat berdampak terhadap kehidupan manusia, sebab dimana ada manusia, disitulah hukum berada. Hukum baru dikatakan baik dan pantas bila mencapai tujuan hukum, yakni keadilan, kepastian dan kemanfaatan hukum. Salah satu lingkup kehidupan manusia yang juga diatur oleh hukum ialah dalam proses pewarisan oleh pewaris terhadap ahli waris. Pewarisan ini kemudian masuk ke dalam ranah privat hukum, yang mana kini masih didominasi pengaturannya oleh hukum adat. Hukum adat sebagai wujud diversifikasi budaya bangsa Indonesia dan unsur inti dari pembangunan hukum nasional pun masih tegak berdiri dan terlaksana dalam pewarisan adat tersebut. Alhasil, dapat disimpulkan bahwa ketimpangan hak berbasis gender pun begitu jelas nampak dalam kehidupan sosial-budaya masyarakat adat Lamaholot. Dengan demikian, melalui penelitian ini pun didapati dua jalan yang sepatutnya dilaksanakan oleh negara yaitu pengesahaan RUU Perlindungan Masyarakat Hukum Adat sebagai instrumen yang menggariskan batasan-batasan implementatif terhadap pemberlakuan hukum adat dan diakomodirkannya hukum adat ke dalam Peraturan Daerah (Perda) sebagai wujud pelestarian nilai-nilai adat setiap suku agar selaras dengan hukum positif yang berlaku tanpa menghilangkan keunikan dari setiap nilai-nilai dasar kebudayaan masing-masing daerah.

Purpose:The legality principle, a fundamental concept in Indonesian criminal law, underpins the legal framework for societal order. Originating from historical roots, it ensures justice, human rights protection, and transparent law enforcement. Article 1 Paragraph 1 of the Criminal Code solidifies its significance in Indonesian positive law. By examining the historical evolution, implications, and challenges of the legality principle, this article aims to deepen the comprehension of its impact on Indonesian criminal law. The ultimate goal is to contribute to a just and effective judicial system.Methodology:This study employs standard research methods, including a legal literature review and analysis of court decisions, to explore the application of the legality principle in the Indonesian criminal justice system.Findings:The principle enshrined in Article 1 Paragraph (1) of the Criminal Code emphasizes that punishment must align with pre-existing laws. It prohibits retroactive application and analogy use and ensures adherence to formal legal principles. In the Indonesian context, the legality principle is crucial for protecting citizens' rights, maintaining justice, and upholding societal values. Its application intersects with legal concepts like "nulla crimen sine lege," highlighting its significance in shaping the nation's legal landscape.Implication:The study highlights key findings on legal principles in the Indonesian criminal system, emphasizing the centrality of the legality principle, a formalistic approach, and ongoing efforts to integrate material aspects. Challenges include incorporating customary law and potential conflicts between legal systems.

Abstract For centuries, tribal communities in India have maintained distinct social and cultural identities, often with communal land ownership practices that were inclusive of women. The struggle of tribal women in India for land rights is a poignant manifestation of their fight against intersecting forms of oppression rooted in patriarchy, traditional power structures, and historical marginalisation. Given the existing background, this article discusses the intersection of property rights and gender relations in India, making a case for independent property rights for tribal women. It analyses the role of customary laws of inheritance in a legal pluralistic India and its conflict with positive law. The article also focuses on the role of the Indian judiciary in remedying the systemic discrimination against tribal women in India. It analyses the approach of the Indian courts in maintaining a balance between the autonomy granted to the tribes by the Indian Constitution and ensuring justice to women who are victims of such self-governance.

<p><em>This research is socio-legal research with an ethnographic approach regarding the resolution of maritime resource conflicts in the Kei Islands and the conditions of current state laws and regulations. This article discusses how the overlapping of laws and regulations occurs in law enforcement on marine resource management and how customary law is an alternative for resolving conflicts over marine resources in the Kei Islands. This study found that so many laws and regulations besides helping to create legal order can also have an impact in the form of overlapping authorities between state agencies. On the other hand, the resolution of maritime resource conflicts in practice does not always depend on the positive law of the state alone. Another fact is often found that the community and even the state apparatus also accommodate customary law in resolving conflicts that occur. However, this form of settlement developed into a hybrid form.</em></p><em>Keywords: the overlapping regulations, Kei customary law, hybrid legal systems.</em>

A few metrics of procedural indigeneity such as accessibility, expeditiousness, informality, affordability, and lack of “cumbersomeness” account for the traditional court system’s suitability as a system for resolving conflicts among black, poor, marginalised and disadvantaged African communities. As a system that regulates the legal affairs of groups that constitute the majority of the South African population, traditional courts are a perfect instrument for catering for the needs of the mostly unsophisticated black citizens. These qualities by far outweigh the system’s relative weakness when it comes to the attributes of independence and impartiality of its courts, both of which—commendable as they are—are less necessary in a system that is based on communal participation and collective negotiation. Judicial independence and impartiality interpreted and understood in relation to the Western concept of the separation of powers is alien to the customary legal system. Traditional courts are community-based, characterised by open justice, and designed to settle disputes in their defined areas of jurisdiction. They were established from time immemorial for such purpose and, to further its colonial objectives, the colonial government recognised them through the enactment of the Black Administration Act, 38 of 1927. There was a complete disregard for the views of the adherents to customary legal systems when legislating on the system and people's lives. The promulgation of such an Act brought about legal dualism in South Africa: common law and customary law. The Black Administration Act was enacted to administer the affairs of blacks and control the administration of traditional institutions and courts. The Black Administration Act discriminated between litigants based on race and dispensed inferior justice to blacks. During the apartheid system, various discriminatory laws were promulgated, resulting in the establishment of homelands and independent states within South Africa. This gave rise to disparate laws governing black people and their court system. The Constitution and the legislation specifically dealing with the customary legal system have ended discriminatory laws and social order that characterised colonialism and apartheid. Traditional courts are well-placed to create, enhance, and facilitate access to courts for all people, regardless of race, colour, gender, or any socio-economic diversity. This article intends to outline the effectiveness of the traditional system and to also address criticisms levelled at the traditional legal system, based on variations in practice and alleged exclusion of women from traditional justice mechanisms. These criticisms can be addressed effectively by traditional court systems aligned and dedicated to equality, democracy, and human rights protection. They can also be addressed through harmonising, integrating, and unifying customary law, common law, and constitutional values.

Abstract Background The establishment of laws has had a tremendous impact on holistic medical care. The Patient Right to Autonomy (PRA) Act and the Same-Sex Marriage Act have been passed in Taiwan, and both have sparked intense societal debate. The Same-Sex Marriage Act and PRA Act (SMPRA) teaching module was created for the Gender, Medicine, and Law (GML) course of the medical curriculum. This video trigger-assisted problem-based learning (VTA–PBL) software has integrated content on the aforementioned legislative proclamations. It upends conventional beliefs and fosters reflective practices on sexual rights and the right to representation among medical students. This study examined how the SMPRA module affected the knowledge and attitudes of medical students taking up the GML course. Methods A simple pre-/post-test design evaluated the outcomes of the PBL module to examine the changes in knowledge and attitudes of medical students toward same-sex marriage rights. In 2019 and 2020, 126 and 49 5th-year medical students took up the GML course, respectively. The GML components included a video scenario representing advanced decision-making and a healthcare agency with a same-sex couple, a PBL discussion, and student feedback presentations. The mechanisms of feedback collection and measuring student knowledge and attitudes toward sexual rights differed between one cohort in 2019 and the other in 2020. Pre- and post-lecture tests were used in the first school year, whereas a post-lecture open-ended questionnaire survey was used in the second school year. Results In total, 90 and 39 eligible questionnaires were received in the first and second school years, respectively, which corresponded to response rates of 71% and 80%. Students showed a better understanding of and positive enhancement of proficiency in legal and ethical content and relevant clinical practice. Qualitative analysis revealed that students viewed healthcare providers as checkpoints for conflicts of interest; medical ethics as the cornerstone of clinical practice; cultural background as a significant influence on decision-making; and empathetic communication as the cornerstone of relationships between patients, family members, and doctors. Conclusion The GML course of the SMPRA module fosters reflective practices on ethical and legal sexual rights issues.

What is the countercultural potential of citizen science? As a participant in the wider citizen science movement, I can attest that contemporary citizen science initiatives rarely characterise themselves as countercultural. Rather, the goal of most citizen science projects is to be seen as producing orthodox scientific knowledge: the ethos is respectability rather than rebellion (NERC). I will suggest instead that there are resonances with the counterculture that emerged in the 1960s, most visibly through an emphasis on participatory experimentation and the principles of environmental sustainability and social justice. This will be illustrated by example, through two citizen science projects that have a commitment to combining social values with scientific practice. I will then describe the explicitly countercultural organisation, Science for the People, which arose from within the scientific community itself, out of opposition to the Vietnam War. Methodological and conceptual weaknesses in the authoritative model of science are explored, suggesting that there is an opportunity for citizen science to become anti-hegemonic by challenging the hegemony of science itself. This reformulation will be expressed through Deleuze and Guattari's notion of nomadic science, the means through which citizen science could become countercultural. Counterculture Before examining the countercultural potential of citizen science, I set out some of the grounds for identifying a counterculture drawing on the ideas of Theodore Roszak, who invented the term counterculture to describe the new forms of youth movements that emerged in the 1960s (Roszak). This was a perspective that allowed the carnivalesque procession of beatniks, hippies and the New Left to be seen as a single paradigm shift combining psychic and social revolution. But just as striking and more often forgotten is the way Roszak characterised the role of the counterculture as mobilising a vital critique of the scientific worldview (Roszak 273-274). The concept of counterculture has been taken up in diverse ways since its original formation. We can draw, for example, on Lawrence Grossberg's more contemporary analysis of counterculture (Grossberg) to clarify the main concepts and contrast them with a scientific approach. Firstly, a counterculture works on and through cultural formations. This positions it as something the scientific community would see as the other, as the opposite to the objective, repeatable and quantitative truth-seeking of science. Secondly, a counterculture is a diverse and hybrid space without a unitary identity. Again, scientists would often see science as a singular activity applied in modulated forms depending on the context, although in practice the different sciences can experience each other as different tribes. Thirdly, a counterculture is lived as a transformative experience where the participant is fundamentally changed at a psychic level through participation in unique events. Contrast this with the scientific idea of the separation of observer and observed, and the objective repeatability of the experiment irrespective of the experimenter. Fourthly, a counterculture is associated with a unique moment in time, a point of shift from the old to the new. For the counterculture of the 1960s this was the Age of Aquarius. In general, the aim of science and scientists is to contribute to a form of truth that is essentially timeless, in that a physical law is assumed to hold across all time (and space), although science also has moments of radical change with regard to scientific paradigms. Finally, and significantly for the conclusions of this paper, according to Roszak a counterculture stands against the mainstream. It offers a challenge not at the level of detail but, to the fundamental assumptions of the status quo. This is what “science” cannot do, in as much as science itself has become the mainstream. It was the character of science as the bedrock of all values that Roszak himself opposed and for which he named and welcomed the counterculture. Although critical of some of the more shallow aspects of its psychedelic experimentation or political militancy, he shared its criticism of the technocratic society (the technocracy) and the egocentric mode of consciousness. His hope was that the counterculture could help restore a visionary imagination along with a more human sense of community. What Is Citizen Science? In recent years the concept of citizen science has grown massively in popularity, but is still an open and unstable term with many variants. Current moves towards institutionalisation (Citizen Science Association) are attempting to marry growth and stabilisation, with the first Annual General Meeting of the European Citizen Science Association securing a tentative agreement on the common principles of citizen science (Haklay, "European"). Key papers and presentations in the mainstream of the movement emphasise that citizen science is not a new activity (Bonney et al.) with much being made of the fact that the National Audubon Society started its annual Christmas Bird Count in 1900 (National Audubon Society). However, this elides the key role of the Internet in the current surge, which takes two distinct forms; the organisation of distributed fieldwork, and the online crowdsourcing of data analysis. To scientists, the appeal of citizen science fieldwork follows from its distributed character; they can research patterns over large scales and across latitudes in ways that would be impossible for a researcher at a single study site (Toomey). Gathering together the volunteer, observations are made possible by an infrastructure of web tools. The role of the citizen in this is to be a careful observer; the eyes and ears of the scientist in cyberspace. In online crowdsourcing, the internet is used to present pattern recognition tasks; enrolling users in searching images for signs of new planets or the jets of material from black holes. The growth of science crowdsourcing is exponential; one of the largest sites facilitating this kind of citizen science now has well in excess of a million registered users (Zooniverse). Such is the force of the technological aura around crowdsourced science that mainstream publications often conflate it with the whole of citizen science (Parr). There are projects within citizen science which share core values with the counterculture as originally defined by Roszak, in particular open participation and social justice. These projects also show characteristics from Grossberg's analysis of counterculture; they are diverse and hybrid spaces, carry a sense of moving from an old era to a new one, and have cultural forms of their own. They open up the full range of the scientific method to participation, including problem definition, research design, analysis and action. Citizen science projects that aim for participation in all these areas include the Extreme Citizen Science research group (ExCiteS) at University College London (UCL), the associated social enterprise Mapping for Change (Mapping for Change), and the Public Laboratory for Open Technology and Science (Public Lab). ExCiteS sees its version of citizen science as "a situated, bottom-up practice" that "takes into account local needs, practices and culture". Public Lab, meanwhile, argue that many citizen science projects only offer non-scientists token forms of participation in scientific inquiry that rarely amount to more that data collection and record keeping. They counter this through an open process which tries to involve communities all the way from framing the research questions, to prototyping tools, to collating and interpreting the measurements. ExCiteS and Public Lab also share an implicit commitment to social justice through scientific activity. The Public Lab mission is to "put scientific inquiry at the heart of civic life" and the UCL research group strive for "new devices and knowledge creation processes that can transform the world". All of their work is framed by environmental sustainability and care for the planet, whether it's enabling environmental monitoring by indigenous communities in the Congo (ExCiteS) or developing do-it-yourself spectrometry kits to detect crude oil pollution (Public Lab, "Homebrew"). Having provided a case for elements of countercultural DNA being present in bottom-up and problem-driven citizen science, we can contrast this with Science for the People, a scientific movement that was born out of the counterculture. Countercultural Science from the 1970s: Science for the People Science for the People (SftP) was a scientific movement seeded by a rebellion of young physicists against the role of US science in the Vietnam War. Young members of the American Physical Society (APS) lobbied for it to take a position against the war but were heavily criticised by other members, whose written complaints in the communications of the APS focused on the importance of scientific neutrality and the need to maintain the association's purely scientific nature rather than allowing science to become contaminated by politics (Sarah Bridger, in Plenary 2, 0:46 to 1:04). The counter-narrative from the dissidents argued that science is not neutral, invoking the example of Nazi science as a justification for taking a stand. After losing the internal vote the young radicals left to form Scientists and Engineers for Social and Political Action (SESPA), which later became Science for the People (SftP). As well as opposition to the Vietnam War, SftP embodied from the start other key themes of the counterculture, such as civil rights and feminism. For example, the first edition of Science for the People magazine (appearing as Vol. 2, No. 2 of the SESPA Newsletter) included an article about leading Black Panther, Bobby Seale, alongside a piece entitled “Women Demand Equality in Science.” The final articles in the same issue are indicators of SftP's dual approach to science and change; both the radicalisation of professionals (“Computer Professionals for Peace”) and the demystification of technical practices (“Statistics for the People”) (Science for the People). Science for the People was by no means just a magazine. For example, their technical assistance programme provided practical support to street health clinics run by the Black Panthers, and brought SftP under FBI surveillance (Herb Fox, in Plenary 1, 0:25 to 0:35). Both as a magazine and as a movement, SftP showed a tenacious longevity, with the publication being produced every two months between August 1970 and May/June 1989. It mutated through a network of affiliated local groups and international links, and was deeply involved in constructing early critiques of nuclear power and genetic determinism. SftP itself seems to have had a consistent commitment to non-hierarchical processes and, as one of the founders expressed it, a “shit kicking” approach to putting its principles in to practice (Al Weinrub, in Plenary 1, 0:25 to 0:35). SftP criticised power, front and centre. It is this opposition to hegemony that puts the “counter” into counterculture, and is missing from citizen science as currently practised. Cracks in the authority of orthodox science, which can be traced to both methodologies and basic concepts, follow in this paper. These can be seen as an opportunity for citizen science to directly challenge orthodox science and thus establish an anti-hegemonic stance of its own. Weaknesses of Scientific Hegemony In this section I argue that the weaknesses of scientific hegemony are in proportion to its claims to authority (Feyerabend). Through my scientific training as an experimental particle physicist I have participated in many discussions about the ontological and epistemological grounds for scientific authority. While most scientists choose to present their practice publicly as an infallible machine for the production of truths, the opinions behind the curtain are far more mixed. Physicist Lee Somolin has written a devastating critique of science-in-practice that focuses on the capture of the institutional economy of science by an ideological grouping of string theorists (Smolin), and his account is replete with questions about science itself and ethnographic details that bring to life the messy behind-the-scenes conflicts in scientific-knowledge making. Knowledge of this messiness has prompted some citizen science advocates to take science to task, for example for demanding higher standards in data consistency from citizen science than is often the case in orthodox science (Haklay, "Assertions"; Freitag, "Good Science"). Scientists will also and invariably refer to reproducibility as the basis for the authority of scientific truths. The principle that the same experiments always get the same results, irrespective of who is doing the experiment, and as long as they follow the same method, is a foundation of scientific objectivity. However, a 2012 study of landmark results in cancer science was able to reproduce only 11 per cent of the original findings (Begley and Ellis). While this may be an outlier case, there are broader issues with statistics and falsification, a bias on positive results, weaknesses in peer review and the “publish or perish” academic culture (The Economist). While the pressures are all-too-human, the resulting distortions are rarely acknowledged in public by scientists themselves. On the other hand, citizen science has been slow to pick up the gauntlet. For example, while some scientists involved in citizen science have commented on the inequality and inappropriateness of orthodox peer review for citizen science papers (Freitag, “What Is the Role”) there has been no direct challenge to any significant part of the scientific edifice. I argue that the nearest thing to a real challenge to orthodox science is the proposal for a post-normal science, which pre-dates the current wave of citizen science. Post-normal science tries to accommodate the philosophical implications of post-structuralism and at the same time position science to tackle problems such as climate change, intractable to reproducibility (Funtowicz and Ravetz). It accomplishes this by extending the domains in which science can provide meaningful answers to include issues such as global warming, which involve high decision stakes and high uncertainty. It extends traditional peer review into an extended peer community, which includes all the stakeholders in an issue, and may involve active research as well as quality assessment. The idea of extended peer review has obvious overlaps with community-oriented citizen science, but has yet to be widely mobilised as a theoretical buttress for citizen-led science. Prior even to post-normal science are the potential cracks in the core philosophy of science. In her book Cosmopolitics, Isabelle Stengers characterises the essential nature of scientific truth as the ability to disqualify and exclude other truth claims. This, she asserts, is the hegemony of physics and its singular claim to decide what is real and what is true. Stengers traces this, in part, to the confrontation more than one hundred years ago between Max Planck and Ernst Mach, whereas the latter argued that claims to an absolute truth should be replaced by formulations that tied physical laws to the human practices that produced them. Planck stood firmly for knowledge forms that were unbounded by time, space or specific social-material procedures (Stengers). Although contemporary understandings of science are based on Planck's version, citizen science has the potential to re-open these questions in a productive manner for its own practices, if it can re-conceive of itself as what Deleuze and Guattari would call nomadic science (Deleuze; Deleuze & Guattari). Citizen Science as Nomadic Science Deleuze and Guattari referred to orthodox science as Royal Science or Striated Science, referring in part to its state-like form of authority and practice, as well as its psycho-social character. Their alternative is a smooth or nomadic science that, importantly for citizen science, does not have the ambition to totalise knowledge. Nomadic science is a form of empirical investigation that has no need to be hooked up to a grand narrative. The concept of nomadic science is a natural fit for bottom-up citizen science because it can valorise truths that are non-dual and that go beyond objectivity to include the experiential. In this sense it is like the extended peer review of post-normal science but without the need to be limited to high-risk high-stakes questions. As there is no a priori problem with provisional knowledges, it naturally inclines towards the local, the situated and the culturally reflective. The apparent unreliability of citizen science in terms of participants and tools, which is solely a source of anxiety, can become heuristic for nomadic science when re-cast through the forgotten alternatives like Mach's formulation; that truths are never separated from the specifics of the context and process that produced them (Stengers 6-18; 223). Nomadic science, I believe, will start to emerge through projects that are prepared to tackle toxic epistemology as much as toxic pollutants. For example, the Community Based Auditing (CBA) developed by environmental activists in Tasmania (Tattersall) challenges local alliances of state and extractive industries by undermining their own truth claims with regards to environmental impact, a process described in the CBA Toolbox as disconfirmation. In CBA, this mixture of post-normal science and Stenger's critique is combined with forms of data collection and analysis known as Community Based Sampling (Tattersall et al.), which would be recognisable to any citizen science project. The change from citizen science to nomadic science is not a total rupture but a shift in the starting point: it is based on an overt critique of power. One way to bring this about is being tested in the “Kosovo Science for Change” project (Science for Change Kosovo), where I am a researcher and where we have adopted the critical pedagogy of Paulo Freire as the starting point for our empirical investigations (Freire). Critical pedagogy is learning as the co-operative activity of understanding—how our lived experience is constructed by power, and how to make a difference in the world. Taking a position such as nomadic science, openly critical of Royal Science, is the anti-hegemonic stance that could qualify citizen science as properly countercultural. Citizen Science and Counterculture Counterculture, as I have expressed it, stands against or rejects the hegemonic culture. However, there is a strong tendency in contemporary social movements to take a stance not only against the dominant structures but against hegemony itself. They contest what Richard Day calls the hegemony of hegemony (Day). I witnessed this during the counter-G8 mobilisation of 2001. Having been an activist in the 1980s and 1990s I was wearily familiar with the sectarian competitiveness of various radical narratives, each seeking to establish itself as the correct path. So it was a strongly affective experience to stand in the convergence centre and listen to so many divergent social groups and movements agree to support each other's tactics, expressing a solidarity based on a non-judgemental pluralism. Since then we have seen the emergence of similarly anti-hegemonic countercultures around the Occupy and Anonymous movements. It is in this context of counterculture that I will try to summarise and evaluate the countercultural potential of citizen science and what being countercultural might offer to citizen science itself. To be countercultural it is not enough for citizen science to counterpose participation against the institutional and hierarchical aspects of professional science. As an activity defined purely by engagement it offers to plug the legitimacy gap for science while still being wholly dependent on it. A countercultural citizen science must pose a strong challenge to the status quo, and I have suggested that a route to this would be to develop as nomadic science. This does not mean replacing or overthrowing science but constructing an other to science with its own claim to empirical methods. It is fair to ask what this would offer citizen science that it does not already have. At an abstract level it would gain a freedom of movement; an ability to occupy Deleuzian smooth spaces rather than be constrained by the striation of established science. The founders of Science for the People are clear that it could never have existed if it had not been able to draw on the mass movements of its time. Being countercultural would give citizen science an affinity with the bottom-up, local and community-based issues where empirical methods are likely to have the most social impact. One of many examples is the movement against fracking (the hydraulic fracturing of deep rock formations to release shale gas). Together, these benefits of being countercultural open up the possibility for forms of citizen science to spread rhizomatically in a way that is not about immaterial virtual labour but is itself part of a wider cultural change. 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