Tort Law and Development: Insights into the Case of Ethiopia and Eritrea

Bussani, Mauro

doi:10.1017/s0021855300007117

Cited by 3 publications

(1 citation statement)

References 12 publications

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“…In the Horn n o legal order has effective power to substitute itself for previous layers. Between the layers of a pluralist legal system (which are all alive and operative in the contemporary world), competition is at play (Merry 1988;Mattei 1990;Bussani 1996). Even the customary informal legal system results from a historical process of superimposition and mixing of components.…”

Section: The Power Of Ideologymentioning

confidence: 99%

Current Illusions and Delusions about Conflict Management—In Africa and Elsewhere

Nader¹,

Grande²

2002

Law & Social Inquiry

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This paper provides a critical perspective on the use of U. S. alternative dispute resolution (ADR) approaches for managing conflict in African and other communities. It argues that imposition of American ADR as a condition for foreign aid or capital investment is deeply problematic, and urges a more sophisticated analysis of the power dimensions and ideological basis of ADR. When viewed as an ideologically laden paradigm for how conflict should be resolved (i. e., a conflict paradigm), ADR can be seen as carrying troubling baggage. For example, ADR approaches imported from the United States deal with dispute resolution simply in terms of mechanisms or techniques, ignoring substantive issues central to conflict management in African and other communities. The entire discourse surrounding ADR pays insuficient attention to problems with terms such as modern or traditional, and encourages an ingenuous denial of the effects of inequality in power and money on conflict resolution. This ideological baggage renders unreflective imposition of ADR incompatible with the best interests of African communities. The authors urge a more complete and objective analysis of the global ADR revolution‐one that takes a broader perspective.

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Section: The Power Of Ideologymentioning

confidence: 99%

Current Illusions and Delusions about Conflict Management—In Africa and Elsewhere

Nader¹,

Grande²

2002

Law & Social Inquiry

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Legal Pluralism in Western Property Law

Marino

2019

Ius Gentium: Comparative Perspectives on Law and Justice

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Creating an Independent Traditional Court: A Study of Jopadhola Clan Courts in Uganda

Owor¹

2012

J. Afr. law

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This article examines the contribution of clans (kinship institutions) to the administration of justice within the context of standards set out in the African regional human rights instruments. Field work on the Jopadhola of Eastern Uganda is drawn upon, to explore how clans reproduce their notion of an independent court using an abridged legal doctrine of separation of powers, and partially mimicking lower level government and judicial features. The field work also shows how clans accommodate interests of women and youth. Even so, clans retain a largely customary approach to the appointment, qualifications and tenure of court officials. The main findings lead to the conclusion that, by applying an "African" notion of human rights, clans have created traditional constructs of an independent court: one that is culturally appropriate for their indigenous communities.

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Tort Law and Development: Insights into the Case of Ethiopia and Eritrea

Cited by 3 publications

References 12 publications

Current Illusions and Delusions about Conflict Management—In Africa and Elsewhere

Current Illusions and Delusions about Conflict Management—In Africa and Elsewhere

Legal Pluralism in Western Property Law

Creating an Independent Traditional Court: A Study of Jopadhola Clan Courts in Uganda

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