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Exploring the Limits of the Judicialization of Urban Land Disputes in Vietnam
Author(s) -
Gillespie John
Publication year - 2011
Publication title -
law and society review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.867
H-Index - 74
eISSN - 1540-5893
pISSN - 0023-9216
DOI - 10.1111/j.1540-5893.2011.00434.x
Subject(s) - negotiation , formalism (music) , dilemma , unintended consequences , situational ethics , law and economics , law , political science , property rights , sociology , epistemology , art , musical , philosophy , visual arts
Economic and legal reforms have triggered waves of conflict over property rights and access to urban land in Vietnam. In this article I develop four epistemic case studies to explore the main precepts and practices that courts must negotiate to extend their authority over land disputes. Courts face a dilemma: Do they apply state laws that disregard community regulatory practices and risk losing social relevance, or apply community notions of situational justice that undermine rule formalism? I conclude that reforms designed to increase rule formalism in the courts may have the unintended consequence of reducing the capacity for judges to find lasting solutions to land disputes.