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The Failure of Popular Justice in Uganda: Local Councils and Women’s Property Rights
Author(s) -
Khadiagala Lynn
Publication year - 2001
Publication title -
development and change
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.267
H-Index - 93
eISSN - 1467-7660
pISSN - 0012-155X
DOI - 10.1111/1467-7660.00196
Subject(s) - economic justice , adjudication , autonomy , morality , state (computer science) , property (philosophy) , law , political science , sociology , rule of law , local government , property rights , government (linguistics) , law and economics , politics , philosophy , linguistics , epistemology , algorithm , computer science
Advocates of alternative dispute resolution argue that informal, community‐based institutions are better placed to provide inexpensive, expedient and culturally appropriate forms of justice. In 1988, the Ugandan government extended judicial capacity to local councils (LCs) on similar grounds. Drawing on attempts by women in southwestern Uganda to use the LCs to adjudicate property disputes, this article investigates why popular justice has failed to protect the customary property rights of women. The gap between theory and practice arises out of misconceptions of community. The tendency to ascribe a morality and autonomy to local spaces obscures the ability of elites to use informal institutions for purposes of social control. In the light of women’s attempts to escape the ‘rule of persons’ and to seek out arbiters whom they associate with the ‘rule of law’, it can be argued that the utility of the state to ordinary Ugandans should be reconsidered.