David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.), Legal Pluralism and Development: Scholars and Practitioners in Dialogue. Cambridge University Press (2012)
This paper examines the extent to which dispute resolvers in customary law systems provide widely understandable justifications for their decisions. The paper first examines the liberal-democratic reasons for the importance of publicity, understood to be wide accessibility of legal justification, by reviewing the uses of publicity in Habermas’ and Rawls’ accounts of the rule of law. Taking examples from Sierra Leone, the paper then argues that customary law systems would benefit from making local dispute resolution practices, such as “begging” from elders, witchcraft, and customary law judgments, more widely accessible. The paper concludes that while legal pluralism is usually taken to be an analytical concept, it may have a normative thrust as well, and that publicity standards would also apply to formal courts in developing countries, which are also typically “defective” along this dimension
|Keywords||Liberalism Customary Law Legal Pluralism|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Dolores A. Donovan & Getachew Assefa, Homicide in Ethiopia: Human Rights, Federalism, and Legal Pluralism.
Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.) (2012). Legal Pluralism and Development: Scholars and Practitioners in Dialogue. Cambridge University Press.
Mark Hannam (2009). Teaching Jurisprudence in Namibia. The Philosophers' Magazine 46 (Q3):14-17.
Robert E. Goodin (2005). Toward an International Rule of Law: Distinguishing International Law-Breakers From Would-Be Law-Makers. [REVIEW] Journal of Ethics 9 (1-2):225 - 246.
K. B. Agrawal (ed.) (1977). Some Thoughts on Modern Jurisprudence. Indian Institute of Comparative Law.
Lotsmart Fonjong, Irene Fokum Sama-Lang & Lawrence Fon Fombe (2012). Implications of Customary Practices on Gender Discrimination in Land Ownership in Cameroon. Ethics and Social Welfare 6 (3):260-274.
Burton M. Leiser (1969). Custom, Law, and Morality. Garden City, N.Y.,Anchor Books.
M. Kamminga, Final Report on the Impact of International Human Rights Law on General International Law.
Christopher Kutz (2009). Secret Law and the Value of Publicity. Ratio Juris 22 (2):197-217.
D. Boucher (2012). The Just War Tradition and its Modern Legacy: Jus Ad Bellum and Jus in Bello. European Journal of Political Theory 11 (2):92-111.
Added to index2012-07-25
Total downloads52 ( #37,182 of 1,410,432 )
Recent downloads (6 months)16 ( #14,155 of 1,410,432 )
How can I increase my downloads?