Abstract

http://ssrn.com/abstract=1886572
 
 

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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

Abstract:     
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 Society

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Date posted: July 16, 2011 ; Last revised: November 10, 2011

Suggested Citation

Tamanaha, Brian Z., The Rule of Law and Legal Pluralism in Development (July 1, 2011). Washington University in St. Louis Legal Studies Research Paper No. 11-07-01; 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. Available at SSRN: http://ssrn.com/abstract=1886572

Contact Information

Brian Z. Tamanaha (Contact Author)
Washington University in Saint Louis - School of Law ( email )
Campus Box 1120
St. Louis, MO 63130
United States
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