The paper focuses on the application of a particular conception of the rule of law to situations characterized by traditional local justice and legal pluralism. While in the twentieth century international rule-of-law programmes were directed almost exclusively at state legal system, they have recently begun to take into account traditional local justice, namely, those institutions which in many world regions represent the main form of effective justice. Starting with a review of the positive and negative aspects of traditional local justice from a rule-of-law perspective, the paper underlines the widespread lack of protection of human rights, particularly of women’s rights. Discussing vertical rule-of-law functions in contexts of legal pluralism the paper stresses the advantages of an approach to the promotion of the rule of law based on mutual recognition and influence between different legal authorities and sources. It is argued that this “interactive” approach appears best suited to the complex frameworks of relations that characterize present-day systems of deep legal pluralism. Finally, the paper underlines the correspondence between this approach and a conception of the rule of law as an ideal framework of plural interactions characterized by the limits imposed on the law by the law itself, and it discusses its advantages from the perspective of human rights and women’s rights promotion.

Traditional Local Justice, Women’s Rights, and the Rule of Law : a Pluralistic Framework / A. Facchi. - In: RATIO JURIS. - ISSN 0952-1917. - 32:2(2019 Jun), pp. 210-232.

Traditional Local Justice, Women’s Rights, and the Rule of Law : a Pluralistic Framework

Alessandra Facchi
2019-06

Abstract

The paper focuses on the application of a particular conception of the rule of law to situations characterized by traditional local justice and legal pluralism. While in the twentieth century international rule-of-law programmes were directed almost exclusively at state legal system, they have recently begun to take into account traditional local justice, namely, those institutions which in many world regions represent the main form of effective justice. Starting with a review of the positive and negative aspects of traditional local justice from a rule-of-law perspective, the paper underlines the widespread lack of protection of human rights, particularly of women’s rights. Discussing vertical rule-of-law functions in contexts of legal pluralism the paper stresses the advantages of an approach to the promotion of the rule of law based on mutual recognition and influence between different legal authorities and sources. It is argued that this “interactive” approach appears best suited to the complex frameworks of relations that characterize present-day systems of deep legal pluralism. Finally, the paper underlines the correspondence between this approach and a conception of the rule of law as an ideal framework of plural interactions characterized by the limits imposed on the law by the law itself, and it discusses its advantages from the perspective of human rights and women’s rights promotion.
Settore IUS/20 - Filosofia del Diritto
RATIO JURIS
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/2434/647343
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