Begging for Justice? Or, Adaptive Jurisprudence? Initial Reflections on Mandatory ADR to Enforce Women's Rights in Rwanda

Authors

Phyllis E. Bernard, Oklahoma City University School of Law

Abstract

This Article presents the author's personal reflections on the promise and perils involved in blending rules of modern law with traditional values of African culture. The project began from a basic premise that both Americans and Rwandans should proceed with caution when expanding the privatization of public justice. Nevertheless, an outside observer's caution must be balanced with respect for a nation's right to self-determination, even when those choices may clash with generally accepted ADR theory as developed in the United States. This Article suggests that we can all learn much from Rwanda's bold, pragmatic experiment in redefining the essential nature of justice. Much remains to be seen concerning its future evolution and implementation. The integrity of the mediation or arbitration process depends ultimately upon the physical safety and security of the parties involved, something which is not currently assured.

Disciplines

Comparative and Foreign Law | Courts | Dispute Resolution and Arbitration | Jurisprudence | Law | Law and Gender

Recommended Citation

Phyllis E. Bernard, Begging for Justice? Or, Adaptive Jurisprudence? Initial Reflections on Mandatory ADR to Enforce Women's Rights in Rwanda, 7 Cardozo J. Conflict Resol. 325 (2006).
Available at: https://larc.cardozo.yu.edu/cjcr/vol7/iss2/8