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Rule Of Law Reform Without Cultural Imperialism: Reinforcing Customary Justice Through Collateral Review In Southern Sudan, David Pimentel

David Pimentel

Rule of Law reform efforts in developing areas face daunting challenges: (1) the stigma of imperialism when Western-style institutions are imposed, (2) the unwillingness of local communities to embrace the reforms, and (3) a severe shortage of resources—human, physical, and financial. At the same time, some of these developing and post-conflict societies have highly functional customary law institutions (in Africa, e.g., a tribal chief applying a customary law handed down by oral tradition). These systems enjoy public confidence and function on very limited budgets—often providing prompt and accessible dispute resolution in the community. Unfortunately these indigenous systems do not always …