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)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Homicide in Ethiopia: Human Rights, Federalism, and Legal Pluralism.Dolores A. Donovan & Getachew Assefa - unknown
Legal Pluralism and Development: Scholars and Practitioners in Dialogue.Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.) - 2012 - Cambridge University Press.
The Vinaya and the Dharmaśāstra: Monastic Law and Legal Pluralism in Ancient India.Malcolm Voyce - manuscript
Some Thoughts on Modern Jurisprudence.K. B. Agrawal (ed.) - 1977 - Indian Institute of Comparative Law.
Implications of Customary Practices on Gender Discrimination in Land Ownership in Cameroon.Lotsmart Fonjong, Irene Fokum Sama-Lang & Lawrence Fon Fombe - 2012 - Ethics and Social Welfare 6 (3):260-274.
Final Report on the Impact of International Human Rights Law on General International Law.M. Kamminga - unknown
The Just War Tradition and its Modern Legacy: Jus Ad Bellum and Jus in Bello.D. Boucher - 2012 - European Journal of Political Theory 11 (2):92-111.
Added to index2012-07-25
Total downloads275 ( #11,765 of 2,171,920 )
Recent downloads (6 months)14 ( #22,630 of 2,171,920 )
How can I increase my downloads?