As in-house counsel rethink how they resolve disputes, there is an opportunity to embrace the acceptance that collaboration brings results. Within the building stage of dispute resolution structures for a nation, the values of a population can decide this authority. The community further had challenges understanding the complex procedures in a formal court of law. In particular, considering that social ordering in traditional communities is intertwined with governance structures, property ownership and economic influence, it is no simple matter to compartmentalise information on various kinds of transactions under standard legal subjects such as contract law, company law and labour law, and perhaps that should not be the aim. 5 See Lloyd PC "The integration of the new economic classes into local government in western Nigeria" (1953) 52(209) African Affairs 327 329-30, [ Links ] cited in Elias (1956)18. As nations build their principles of law and justice from the culture they arise in, we must consider where authority stems from. Fourthly, the notion of natural justice, particularly in the sense of a litigant not adjudicating his or her own case, cuts across formal and traditional spheres of justice. Jirga can function for family matters, in a small community setting, or on a wider level of confederation. 35 Mwalimu C The Nigerian legal system (New York: Peter Lang 2005) 134. That means drawing on the skills, experience and perspectives of different people to design optimal solutions. Proceedings are conducted in a common tongue and dispute resolution culture of the parties understand the court's rules, further increasing the likelihood of an amicable solution. [ Links ] 20 Mandova E "The Shona Proverb as an expression of unhu/Ubuntu" (2013) 2(1) International Journal of Academic Research in Progressive Education and Development 100-108. Understandably, disputants are often confused about which process to apply to their situation. 16 See Cappelletti M & Garth B "Access to justice: the worldwide movement to make rights effective, a general report" in Cappelletti M & Garth B (eds) Access to justice: a world survey vol 1 (Milan: Giuffre Editore1978) 268 & 270: [ Links ] "Justice was popular. Though the battle rages on between discriminatory patriarchal values and modern global standards of human rights, slow steps to improve the participation of all within Jirga are being made. Access to justice is critical in the enforcement of human rights. 2301 Constitution Avenue, NW • Washington, DC 20037 : About the Report : USIP Research Notes make available to a wider audience research, data, or analysis generated in support of … The court hears cases, such as: marital desertion, outstanding loan payments, and verbal abuse. Due to the antagonistic nature of litigation, collaborators frequently opt for solving disputes privately. 65 Bennett (2012) 1-2. Nigeria, for instance, has a legal system based on customary laws, Islamic law and the English common law.35Indigenous and foreign systems operate side-by-side within the same jurisdiction.36 For example, justice within the Igbo ethnic group of Nigeria is based partly on the traditional system and partly on the imported English law system.37 While the traditional Igbo system is based on precolonial African philosophies, the English justice system is based on English philosophies and principles of law and justice as introduced into the Nigerian legal system.38 In Somalia, traditional structures developed and changed hand-in-hand with the socio-political structures established by the colonial rulers.
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