Disputing Modes and Strategies Among the Ibos of Eastern Nigeria: Perspectives on Legal Pluralism
Dissertation, Arizona State University (
1991)
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Abstract
This study examines the differential uses of various dispute settlement systems and their interactions in Nigeria's plural legal orders. Historically, a western-type national legal system arguably predominates the legal arena, especially in society's attempt to create economic modernization and "civilized" justice. Although indigenous justice persists, it is perceived as complex, messy, and obstructive to progress. Thus, this situation of plural legal orders raises some questions about socio-legal theory and the view of state law as a tool for social engineering. ;Triangulation of observed, interview, and survey data analysis revealed seven autonomous forms of indigenous justice system: family head, village tribunal, married daughters group, titledmen, age grades, voudoo, and secret societies. These disputing modes, especially the village tribunals, have co-operative relationships with the police and courts, and their differential uses are determined by the parties' continuing relationships, nature of case, and disputants' positive or negative perceptions. Also, the indigenous legal system seems to be more accessible, satisfactory, and less costly than the police or court. The study concludes by redirecting attention to "zones of legal interactions" or co-operation, away from conflict or domination by state law, as well as contributes to the debates about informal vs. formal justice and judicial reform