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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Socio-Cultural Dimensions of Dispute Resolution: Informal Justice Processes among the Ibo-Speaking Peoples of Eastern Nigeria and Their Implications for Community/Neighbouring Justice System in North America
Author:Igbokwe, Virtus C.
Periodical:African Journal of International and Comparative Law
Geographic terms:Nigeria
United States
Subjects:conflict resolution
popular justice
Peoples of Africa (Ethnic Groups)
Law, Human Rights and Violence
External link:http://www.heinonline.org/HOL/Page?handle=hein.journals/afjincol10&id=460&collection=journals&index=journals/afjincol
Abstract:Over the years, legal scholars have questioned the efficacy of the courts in settling controversy between parties. The court process succeeds in resolving a particular dispute but it does not necessarily reconcile the 'warring factions'. In order to assess current North American experiences with informal justice the author stresses the need to take into account the social and cultural dimensions of informal justice processes. He therefore examines the social and cultural context of informal justice processes among the Ibo-speaking populations of eastern Nigeria, where a good number of civil disputes are settled without ever reaching the stage of a judicial process. In these village communities the emphasis lies on mediation and conciliation, which favours social harmony. The author demonstrates that the role assigned to law and legal institutions in a given society is largely dictated by the nature of the social relationships existing in that society. He then contrasts the functionality of the Ibo informal justice system with the community/neighbourhood justice system in North America. He concludes that the latter system will only achieve the desired result if it exists independently of the formal court process. Notes, ref.