This paper examines the extent to which dispute resolvers in customary law systems provide widely understandable justifications for their decisions. The paper first examines the liberal-democratic reasons for the importance of publicity, understood to be wide accessibility of legal justification, by reviewing the uses of publicity in Habermas’ and Rawls’ accounts of the rule of law. Taking examples from Sierra Leone, the paper then argues that customary law systems would benefit from making local dispute resolution practices, such as “begging” from (...) elders, witchcraft, and customary law judgments, more widely accessible. The paper concludes that while legal pluralism is usually taken to be an analytical concept, it may have a normative thrust as well, and that publicity standards would also apply to formal courts in developing countries, which are also typically “defective” along this dimension. (shrink)

Social constructivist accounts purport to examine the individual from the standpoint of society. However, Zahavi argues that such accounts are incapable of explaining the ‘mineness’ character of experience. In this paper, by using Bourdieu’s concept of habitus, I respond to Zahavi by offering a Bourdieusian social constructivist account that captures the ‘mineness’ of the practical experiences of social subjects inhabiting social habitats. Bourdieu’s account, I conclude, offers an important theoretical resource for philosophers to better grasp the social-individual relationship.