TITLE

Exporting Western Law to the Developing World: The Troubling Case of Niger

AUTHOR(S)
Kelley III, Thomas A.
PUB. DATE
December 2007
SOURCE
Global Jurist;Dec2007, Vol. 7 Issue 3, p4
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In recent years the West has dispatched "rule doctors" across the developing world to guide poor countries through the process of legal modernization and westernization. Their goal, laid out by the so-called Washington Consensus, has been to reform those countries' legal systems so that they might share in the economic bounty of globalization. But things have not always gone well, particularly -- this paper argues -- where those rule doctors have ignored existing legal traditions. The paper focuses on the particular case of Niger, one of the poorest countries in the world. At present, most of Niger's citizens rely on magio-religious traditions to accomplish what we in the West would consider law. One important, and from a Western perspective colorful, Nigerien legal tradition is its citizens' reliance on an oracle called the gon to identify wrongdoers and restore harmony to their communities. The paper will describe the gon, and will point out some of the ways that it differs fundamentally from Western conceptions of law. It then will conclude that Washington Consensus law reform in Niger will fail, and will very likely cause social unrest, unless it takes a different tack and finds a way to accommodate existing legal traditions.
ACCESSION #
57524372

 

Related Articles

  • South Africa: blending tradition and change. Haffajee, Ferial // UNESCO Courier;Nov99, Vol. 52 Issue 11, p33 

    Reports on the major steps in South Africa toward legal reform. Challenges encountered by customary law in the region; Information on the role of the Rural Women's Movement; Issues that are being debated in discussing ways of elevating customary law.

  • Law and social justice. Rittich, Kerry // UNESCO Courier;Nov99, Vol. 52 Issue 11, p36 

    Suggests that law reform in the service of democracy must find ways of protecting the vulnerable. How legal reform must be viewed; Foundation of an investor-friendly legal infrastructure; Three different ways in which market-oriented legal reforms can affect the fortunes of different groups;...

  • Some Reflections on Modernization Theory and Globalization Theory. WANG JIAFENG // Chinese Studies in History;Fall2009, Vol. 43 Issue 1, p72 

    During the late 1970s the once-popular theory of modernization gradually faded away, to be replaced by globalization theory. The reason for this change is that Westerners, especially Americans, have seen their concerns for the future greatly increase. Therefore, they began to change from...

  • La Reforma Procesal Penal en Chile: Logros y Desafoís Período 2000-2007. Duce J., Mauricio // URVIO - Revista Latinoamericana de Seguridad Ciudadana;ene2008, Issue 3, p67 

    This article's objective is to summarize and describe the development of the reform process of procedural crime in Chile, as it tries to reflect some of the main results obtained up until now and its future challenges; and, as it explores some of the factors that explain current results,...

  • Restorative justice reform: the system versus the lifeworld. Wachtel, Ted // Restorative Justice;2014, Vol. 2 Issue 3, p361 

    The article comments on a paper by Brazilian Judge Eduardo Rezende Melo on the implementation of restorative juvenile projects in São Caetano do Sul, Brazil. It discusses the impact of these projects on young people, the objectives of the reforms under the projects, challenges facing...

  • Tort Law Reform in Australia: Fundamental and Potentially Far-reaching Change. Clark, S. Stuart; Harris, Christina // Defense Counsel Journal;Jan2005, Vol. 72 Issue 1, p16 

    Provides an overviews on the status of tort law reform in Australia as of January 2005. Factors which affected insurance premiums in 2002; Response of government to the emergence of public liability crisis; Outline of the operations of the legal system in the country.

  • A Lawyer's Survival Guide to Bratislava. Hernandez, Anthony P. // International Law News;Winter2012, Vol. 41 Issue 1, p31 

    The article reports on legal environment in Slovakia. It is stated that one of charactersitics of the Slovak legal environment continues to be delay in swift court relief. However judicial and legal reform measures continue to improve in the region. The article also talks about the tourist...

  • FROM THE BENCHES AND TRENCHES: ONE HUNDRED YEARS SINCE POUND: HAS COURT REFORM MATTERED? Nafisi, Terry // Justice System Journal;2006, Vol. 27 Issue 2, p223 

    The article highlights three court administration leaders' review of the accomplishments of court reform and the growth of the court administration profession in the United States. It attempts to determine the most consequential transformation of the courts over the past years. The quality of...

  • Changes while Implementing Law-reforms and Albania as a new EU candidate country. Danaj, Lorenc // Academicus;2012, Issue 6, p142 

    Obviously the study of this paper consists on identifying and why not in addressing the important factors underlying the bailiff office in Albania and changes in the form of organization, under the administrative and implementing reforms in law. The paper also introduces some changes in national...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics