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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.
Social and economic and rights are incorporated into many national constitutions, and courts in many countries are effectively and legitimately enforcing them. However, the large majority of rights rulings addresses the cost of goods and services and...
Business licensing is a key component of any country’s business environment because government licenses are often required to set up business activities and conduct operations. Licenses and other forms of ex-ante approvals typically impose on b...
This report surveys the law on extensions and adjustments of patents in nine jurisdictions: Australia, Canada, the European Union, France, Germany, Israel, Japan, South Korea, and the United Kingdom. All of the surveyed jurisdictions provide for...
This report examines the scope of protection extended to freedom of speech in thirteen selected countries. In particular, the report focuses on the limits of protection that may apply to the right to interrupt or affect in any other way public speech...
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