Abstract
Activists and scholars are seeking to end famine by promoting international legal accountability for starvation. This article deepens our understanding of the relationship between the politics of famine and law by observing the ongoing prevalence and power of legal norms and institutions during times of famine. It reveals the widespread use of hunger courts in famine-prone South Sudan and their role in legally enforcing social networks that provide for the most vulnerable. Based on analysis of country-wide survey data from 2018 and 2019, qualitative interviews from 2019‒22 and in-depth ethnographic observations of hunger courts in one chiefdom in South Sudan during a period of famine-level hunger in 2018 and 2019, the article argues that hunger courts have played a key role in enforcing social networks. These courts have also supported continuity of chiefs’ authority despite crisis. The article concludes by addressing two issues: whether law is necessarily emancipatory in times of famine, and whether legal norms have shifted responsibility for hunger away from the political economies and conflicts that cause famine, instead placing blame and shame on the families of the most vulnerable.
| Original language | English |
|---|---|
| Pages (from-to) | 467-489 |
| Number of pages | 23 |
| Journal | Development and Change |
| Volume | 54 |
| Issue number | 3 |
| Early online date | 29 May 2023 |
| DOIs | |
| Publication status | Published - 31 May 2023 |
Bibliographical note
Funding Information:My greatest thanks are owed to the late Chief Morris Ngor Ater (Warrap State, South Sudan). Over the last decade, he repeatedly welcomed me and inspired me to think in new ways. He is much missed. My thanks are also owed to Chief Thiik (Warrap State, South Sudan). It was while I was sitting in his court, trying to learn about cases of cattle and killing, that I first noticed the hunger cases. As ever, my research was also guided by a collection of friends and colleagues. Chirrilo Madut and Bol Mawien continue to be among the most inspiring of researchers. World Food Programme staff — Lia, Chris, Pauline and Hsiao-Wei — have been key allies as this research has developed. Elizabeth Gray also provided invaluable statistical skills. In addition, I am grateful to Alex de Waal for his feedback on an early draft of this article. Eddie Thomas always makes me think about food in new ways, and Luka Biong Deng and David Keen have been key people in encouraging me to keep thinking about famine. I am also grateful to the journal's anonymous reviewers for their detailed and valuable feedback. The research for this article was funded by the British Academy-funded grant titled ‘Hunger and Human Dignity’ and by the Foreign, Commonwealth and Development Office-funded grant titled ‘The Conflict Research Programme’.
Publisher Copyright:
© 2023 The Authors. Development and Change published by John Wiley & Sons Ltd on behalf of Institute of Social Studies.