Working Group 6: Legal Pluralism and Human Rights
Chair: Prof. ad int Jarna Petman (jarna.petman[at]helsinki.fi)
Coordinator: Henri Onodera (henri.onodera[at]helsinki.fi)
The working group examined the various ways in which legal systems and norms, particularly the international law, are constituted and, at times, contested in Southern development contexts. The participants discussed especially the cases of Liberia and Zambia. It was contended that the problematisation of law in itself – a never-ending debate among legal scholars – would greatly benefit development researchers.
Firstly, the notions of law and legality refer to human-made constructs which imply pluralism in themselves, just as moral systems and cultural values are heterogenous. At the same time, the international human rights law represents, due to its formal and universalist character, “the rules of the game” which may empower citizens in various forms and fora. The problem is, however, that legal principles are highly abstract and easily adopted as mere political rhetoric, for instance, in legitimizing various forms of interventionism from small-scale capacity building projects to overseas military operations. As such, the formation and instrumental uses of international law cannot be divorced from politics. Secondly, the national legislations in post-colonial countries base on various sources of law, such as the British Common law, executive discretions, customary laws and local litigation practices as well as the international human rights and property laws that are often backed by international donor agencies. It was suggested that crafting the national legislation in post-conflict situations, such as in Liberia, may benefit from incorporating elements from customary law as a measure to prevent future conflicts between existing social authorities. Finally, concerns were raised as to the methodological challenges in studying legal systems and the ways in which the law functions in and shapes people’s everyday lives. One suggested strategy is to focus on specific court cases, such as corruption charges against Zambia’s second president Frederick Chiluba, and refer to both text-based analysis and ethnographic research on the legal processes and public debates they engender.
- Proceedings by Henri Onodera