Download this Paper Open PDF in Browser

The Rule of Law and Legal Pluralism in Development

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

27 Pages Posted: 16 Jul 2011 Last revised: 10 Nov 2011

Brian Z. Tamanaha

Washington University in St. Louis - School of Law

Date Written: July 1, 2011

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.

Keywords: Legal Pluralism, Rule of Law, Development, Law and Society

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: https://ssrn.com/abstract=1886572

Brian Z. Tamanaha (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States

Paper statistics

Downloads
657
Rank
32,185
Abstract Views
1,942