Traditional Authorities, Norm Collisions, and Communal Conflict
Clara Neupert-Wentz
Journal of Conflict Resolution, 2025, vol. 69, issue 2-3, 463-490
Abstract:
I examine the effect of the policing capacity of traditional authorities (TAs) on communal conflict. TAs of ethnic groups use distinct customary laws and dispute-resolution mechanisms. Their coexistence with national norms and those of other TAs results in parallel legal systems. I argue that this generates uncertainties about norms and vertical and horizontal jurisdictional conflict, which increases the risk of communal conflict. However, this effect can be dampened by state-level rules on norm collisions, which lead to a system of co-production and less violence. To investigate these claims, I use global georeferenced expert survey data on customary policing of TAs and data measuring their constitutional regulation. I show that customary policing can have an adverse effect on communal peace. More subgroups of the larger ethnic group with policing institutions increase the risk of conflict. State-level regulation moderates these relationships. Additional evidence suggests that policing increases communal conflict through vertical jurisdictional conflict but otherwise achieves its intended purpose of providing security.
Keywords: traditional authority; legal pluralism; customary policing; communal conflict (search for similar items in EconPapers)
Date: 2025
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Persistent link: https://EconPapers.repec.org/RePEc:sae:jocore:v:69:y:2025:i:2-3:p:463-490
DOI: 10.1177/00220027241237438
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