A history of rights: game of actors and legal pluralism in the Democratic Republic of the Congo

被引:1
作者
Jean-Bouchard, Evelyne [1 ]
机构
[1] Univ Ottawa, Fac Droit, Ottawa, ON, Canada
来源
REVUE GENERAL DE DROIT | 2014年 / 44卷 / 01期
关键词
Democratic Republic of Congo; history; multijuridism; game models;
D O I
10.7202/1026402ar
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Legal pluralism is a theoretical approach that criticizes State law exclusivity. However, there are as many conceptions of legal pluralism as pluralist thinkers. And young researchers who wish to venture on this path find themselves quickly overwhelmed by the range of possibilities offered by this school of thought. In this perspective, a historical analysis can serve as a first empirical exploration of a research topic. This is what I intent to do in this short essay, in the context of my field research, which is the Eastern region of the Democratic Republic of Congo (DRC). In the DRC, we must understand legal pluralism as the combination of different normative systems superimposed on various scales, which blend into individual's thoughts and actions. To a certain legal porosity is added social actors' role in the production and reproduction of law. Thus, it is the model of the game, as developed by the French anthropologist Etienne Le Roy, that theorizes adequately all these elements.
引用
收藏
页码:193 / 216
页数:24
相关论文
共 39 条
[1]  
[Anonymous], 1960, LOI FONDAMENTALE 19
[2]  
Badie Bertrand, 1992, ETAT IMPORTE OCCIDEN, P17
[3]  
Banque africaine de developpement, 2009, FRAG STAT FUND ALL
[4]  
Banque mondiale, 2008, COUNTRY POLICY I ASS
[5]  
Braeckman Colette, 2010, CONGO 1960 ECHEC DEC, P7
[6]  
Cattier Felicien, 1898, DROIT ADM ETAT INDEP, P35
[7]  
Chiba Masaji, 1998, OTHER PHASES LEGAL P, V11, P231
[8]  
Crawford James, 2006, CREATION STATES INT, P19
[9]  
De Herdt Tom, 2003, POLICY PAPERS, pUniversity of Helsinki
[10]  
De Herdt Tom, 2011, RECHERCHE ETAT R D C, P14