TITEL
Dispute resolution and legitimacy in Kacerere : examples from two land disputes
FöRFATTARE
Thorson, Patrik Kristoffer
INSTITUTION
Industriell ekonomi och samhällsvetenskap / Samhällsvetenskap
SAMMANFATTNING
Through this paper, two cases of land dispute resolution have been
introduced. While one case was regarded as a ”good” dispute resolution the
other was considered a “bad” one, and the latter was in its essence a rather
tragic story. The less fortunate man in that dispute resolution did not only
lose part of the land that supported him, but it also left him excluded from
the community in many aspects. This constitutes the problem that has driven
the paper from sheet to sheet. If not the fate of this specific individual,
then at least the phenomenon it represents. During the last few years,
behavioral aspects have shed new light on the ever so common condition of
poverty in sub-Saharan Africa, and in these aspects the phenomenon of social
exclusion plays an important role. This paper has been an approach towards
these matters from a perspective of political behavior and resource
distribution. In an attempt to explain differences in legitimacy and social
outcomes, the institutional profiles of the two dispute resolution processes
were examined. The findings indicated multi-dimensional breaches of
legitimacy, all related to a decision by the less fortunate dispute owner in
the ”bad” dispute resolution to take matters to the government. The analysis
found that the micro-level arena of resource distribution was intimately
tied
to a macro-arena of authoritative distribution between the governmental
authorities and the traditional ones found in this peripheral community.
Combined with the institutional analysis performed, this supports the
hypothetical involvement of a meta-norm, intended to protect the traditional
authorities from alternative ones, such as the government. Perhaps leaving
more questions than it actually answered, this paper may inspire to further
endeavors in fields of governmental decentralization, as such work would
probably be the most fruitful way to mend the gap between governmental and
traditional authorities. Furthermore, this paper might direct some attention
to the importance of institutional research regarding meta-norms, since this
could provide a viable approach for political scientists to study the urgent
matter of behavioral poverty in sub-Saharan Africa.
ISSN 1402-1773 / ISRN LTU-CUPP--09/045--SE / NR 2009:045
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