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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Traditional versus Modern Judicial Practices: A Comparative Analysis of Dispute Resolution among the Yoruba of South-West Nigeria
Author:Taiwo, Olukayode O.ISNI
Year:1998
Periodical:Africa Development: A Quarterly Journal of CODESRIA (ISSN 0850-3907)
Volume:23
Issue:2
Pages:209-226
Language:English
Notes:biblio. refs.
Geographic terms:Nigeria
Mali
West Africa
Subjects:conflict resolution
Yoruba
customary law
Peoples of Africa (Ethnic Groups)
Law, Human Rights and Violence
law
judicial system
Conflict management
Yoruba (African people)
Traditional law
Traditional practices
courts
External link:https://www.jstor.org/stable/43658024
Abstract:Dispute settlement in relatively unstratified traditional societies is usually of the 'give-a-little, get-a-little' type, while in complex modern and stratified societies it is generally of the type 'winner-takes-all'. Methods of alternative dispute resolution include negotiation, mediation, mini trials, summary jury trials, and arbitration. In matters pertaining to dispute resolution, Western culture has resulted in strict enforcement of individual rights and duties, while Nigerian culture recognizes individual rights and obligations within the context of communal rights and obligations. Both systems coexist in Nigeria. The Yoruba have a well-developed system of conflict resolution mechanisms as well as principles that govern the administration of justice. In addition, religion and rituals are used for social control and sanctions. Central to the process of adjudication amongst the Yoruba is peacemaking between the conflicting parties, in the interests of maintaining social equilibrium. Justice is administered at three levels: the court of the 'bale' for disputes between members of a compound, the tribunal of the ward chief, and the central tribunal with jurisdiction over the whole town. The traditional approaches are still very much patronized, while the modern judicial practices, being divorced from people's cultural reality, often have an alienating effect. Bibliogr., notes, ref., sum. in French.
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