14 research outputs found

    Power and rights in the community: paralegals as leaders in women's legal empowerment in Tanzania

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    What can an analysis of power in local communities contribute to debates on women’s legal empowerment and the role of paralegals in Africa? Drawing upon theories of power and rights, and research on legal empowerment in African plural legal systems, this article explores the challenges for paralegals in facilitating women’s access to justice in Tanzania, which gave statutory recognition to paralegals in the Legal Aid Act 2017. Land conflicts represent the single-biggest source of local legal disputes in Tanzania and are often embedded in gendered land tenure relations. This article argues that paralegals can be effective actors in women’s legal empowerment where they are able to work as leaders, negotiating power relations and resisting the forms of violence that women encounter as obstacles to justice. Paralegals’ authority will be realised when their role is situated within community leadership structures, confirming their authority while preserving their independence

    Market Exchange and the Rule of Law:Confidence in predictability

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    Law and economics is a significant field of analysis in legal studies and in economics, although there have been a number of controversies about how best to understand the relationship between economic relations and the regulatory role of law. Rather than surveying this field and offering a criticism of various theories and engaging in the dispute between different perspectives on the relationship between the two, in this article I take an approach rooted in neither mainstream economics nor in formal legal philosophy. Rather drawing on a recent well-rounded statement of behavioural economics and a synthesis of previous work on the narrative of the rule of law, I seek to explore how and why contemporary capitalism seems to have become so tied up with the rule of law, and what this might tell us more generally about the role of law in market relations. This analysis goes beyond the relatively commonplace observation that capitalism requires property rights, contract law and market institutionalisation to function, to ask ‘what exactly is it about the rule of law that seems so necessary to establishing and maintaining market exchange(s)?

    On the combination of tensor product and fuzzy models

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