The Rule of Law and Legal Pluralism in Development
Brian Z. Tamanaha
Washington University in Saint Louis - School of Law
July 1, 2011
LEGAL PLURALISM AND DEVELOPMENT: SCHOLARS AND PRACTITIONERS IN DIALOGUE, Caroline Sage, Michael Woolcock, Brian Z. Tamanaha, eds., Cambridge University Press, 2012
Hague Journal on the Rule of Law, Vol. 3, p. 1, 2011
Washington University in St. Louis Legal Studies Research Paper No. 11-07-01
After decades of disappointing progress in building the rule of law in societies that suffer from poorly functioning legal systems, the development community has turned its attention to legal pluralism. Legal pluralism is a prominent feature in many development contexts, with both negative and positive implications for the rule of law. The negative questions revolve around whether or to what extent the presence of multiple coexisting legal forms hampers or detracts from efforts to build the rule of law. The positive questions revolve around whether alternative legal forms in situations of legal pluralism might satisfy rule of law functions that failing state legal systems are unable to provide. This essay will explore these questions.
Number of Pages in PDF File: 27
Keywords: Legal Pluralism, Rule of Law, Development, Law and SocietyAccepted Paper Series
Date posted: July 16, 2011 ; Last revised: November 10, 2011
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