The Publicity “Defect” of Customary Law
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...
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| Format: | Policy Research Working Paper |
| Language: | English |
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2012
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| Online Access: | http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20100624162025 http://hdl.handle.net/10986/3834 |
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okr-10986-38342021-04-23T14:02:13Z The Publicity “Defect” of Customary Law Gauri, Varun ACTIONS ACTS ADJUDICATION ADJUDICATIONS ADVOCACY ARGUMENTATION ASSETS AUTHORITY BEGGING BEST PRACTICE CASE LAW CITIZENSHIP CIVIL SOCIETY COMPENSATION COMPLAINT CONSTITUENTS COURT COURTS CRIME CRIMES CRIMINALS CUSTOMARY LAW CUSTOMARY LAWS DECISION MAKING DEMOCRACY DEMOCRATIC STATE DIVORCE ELECTION EMPOWERMENT EQUALITY FINES GENDER GENDER EQUALITY HOMES HUMAN RIGHTS HUMAN RIGHTS VIOLATIONS HUMILIATIONS HUSBAND INEQUALITIES INEQUALITY INTEGRITY INVESTIGATION JUDGE JUDGES JUDICIAL PROCEDURES JUDICIAL REVIEW JUSTICE JUSTICE SYSTEM JUSTICES LAWS LEGAL CULTURE LEGAL PLURALISM LEGAL POWER LEGAL SYSTEM LEGAL SYSTEMS LEGISLATION LEGISLATORS LEGITIMACY LEGITIMATION LIBERALISM LIBERTIES MARRIED MAN MARRIED WOMAN OFFENDER OFFENSE PARENTS POLICE POLICE OFFICER POLITICAL RIGHTS PREFERENTIAL PRIVACY PROPERTY RIGHTS PROSECUTION PUBLIC OPINION PUBLIC SERVICES RAPE REPRESENTATIVES REPRESSION RULE OF LAW RULINGS SECRECY SEX SOCIAL RIGHTS STATE LAW VICTIMS VIOLATIONS WAR WIFE WILL WOMAN 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 the reasons for local dispute resolution practices, such as "begging" from elders, witchcraft, and openness of hearings, more widely accessible. The paper concludes that although 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. 2012-03-19T18:40:38Z 2012-03-19T18:40:38Z 2010-06-01 http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20100624162025 http://hdl.handle.net/10986/3834 English Policy Research working paper ; no. WPS 5349 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank Publications & Research :: Policy Research Working Paper The World Region The World Region |
| repository_type |
Digital Repository |
| institution_category |
Foreign Institution |
| institution |
Digital Repositories |
| building |
World Bank Open Knowledge Repository |
| collection |
World Bank |
| language |
English |
| topic |
ACTIONS ACTS ADJUDICATION ADJUDICATIONS ADVOCACY ARGUMENTATION ASSETS AUTHORITY BEGGING BEST PRACTICE CASE LAW CITIZENSHIP CIVIL SOCIETY COMPENSATION COMPLAINT CONSTITUENTS COURT COURTS CRIME CRIMES CRIMINALS CUSTOMARY LAW CUSTOMARY LAWS DECISION MAKING DEMOCRACY DEMOCRATIC STATE DIVORCE ELECTION EMPOWERMENT EQUALITY FINES GENDER GENDER EQUALITY HOMES HUMAN RIGHTS HUMAN RIGHTS VIOLATIONS HUMILIATIONS HUSBAND INEQUALITIES INEQUALITY INTEGRITY INVESTIGATION JUDGE JUDGES JUDICIAL PROCEDURES JUDICIAL REVIEW JUSTICE JUSTICE SYSTEM JUSTICES LAWS LEGAL CULTURE LEGAL PLURALISM LEGAL POWER LEGAL SYSTEM LEGAL SYSTEMS LEGISLATION LEGISLATORS LEGITIMACY LEGITIMATION LIBERALISM LIBERTIES MARRIED MAN MARRIED WOMAN OFFENDER OFFENSE PARENTS POLICE POLICE OFFICER POLITICAL RIGHTS PREFERENTIAL PRIVACY PROPERTY RIGHTS PROSECUTION PUBLIC OPINION PUBLIC SERVICES RAPE REPRESENTATIVES REPRESSION RULE OF LAW RULINGS SECRECY SEX SOCIAL RIGHTS STATE LAW VICTIMS VIOLATIONS WAR WIFE WILL WOMAN |
| spellingShingle |
ACTIONS ACTS ADJUDICATION ADJUDICATIONS ADVOCACY ARGUMENTATION ASSETS AUTHORITY BEGGING BEST PRACTICE CASE LAW CITIZENSHIP CIVIL SOCIETY COMPENSATION COMPLAINT CONSTITUENTS COURT COURTS CRIME CRIMES CRIMINALS CUSTOMARY LAW CUSTOMARY LAWS DECISION MAKING DEMOCRACY DEMOCRATIC STATE DIVORCE ELECTION EMPOWERMENT EQUALITY FINES GENDER GENDER EQUALITY HOMES HUMAN RIGHTS HUMAN RIGHTS VIOLATIONS HUMILIATIONS HUSBAND INEQUALITIES INEQUALITY INTEGRITY INVESTIGATION JUDGE JUDGES JUDICIAL PROCEDURES JUDICIAL REVIEW JUSTICE JUSTICE SYSTEM JUSTICES LAWS LEGAL CULTURE LEGAL PLURALISM LEGAL POWER LEGAL SYSTEM LEGAL SYSTEMS LEGISLATION LEGISLATORS LEGITIMACY LEGITIMATION LIBERALISM LIBERTIES MARRIED MAN MARRIED WOMAN OFFENDER OFFENSE PARENTS POLICE POLICE OFFICER POLITICAL RIGHTS PREFERENTIAL PRIVACY PROPERTY RIGHTS PROSECUTION PUBLIC OPINION PUBLIC SERVICES RAPE REPRESENTATIVES REPRESSION RULE OF LAW RULINGS SECRECY SEX SOCIAL RIGHTS STATE LAW VICTIMS VIOLATIONS WAR WIFE WILL WOMAN Gauri, Varun The Publicity “Defect” of Customary Law |
| geographic_facet |
The World Region The World Region |
| relation |
Policy Research working paper ; no. WPS 5349 |
| description |
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 the reasons
for local dispute resolution practices, such as
"begging" from elders, witchcraft, and openness of
hearings, more widely accessible. The paper concludes that
although 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. |
| format |
Publications & Research :: Policy Research Working Paper |
| author |
Gauri, Varun |
| author_facet |
Gauri, Varun |
| author_sort |
Gauri, Varun |
| title |
The Publicity “Defect” of Customary Law |
| title_short |
The Publicity “Defect” of Customary Law |
| title_full |
The Publicity “Defect” of Customary Law |
| title_fullStr |
The Publicity “Defect” of Customary Law |
| title_full_unstemmed |
The Publicity “Defect” of Customary Law |
| title_sort |
publicity “defect” of customary law |
| publishDate |
2012 |
| url |
http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20100624162025 http://hdl.handle.net/10986/3834 |
| _version_ |
1764388583499628544 |