Exploring the limits of the judicialization of urban land disputes in Vietnam

J Gillespie - Law & Society Review, 2011 - cambridge.org
Law & Society Review, 2011cambridge.org
Economic and legal reforms have triggered waves of conflict over property rights and access
to urban land in Vietnam. In this article I develop four epistemic case studies to explore the
main precepts and practices that courts must negotiate to extend their authority over land
disputes. Courts face a dilemma: Do they apply state laws that disregard community
regulatory practices and risk losing social relevance, or apply community notions of
situational justice that undermine rule formalism? I conclude that reforms designed to …
Economic and legal reforms have triggered waves of conflict over property rights and access to urban land in Vietnam. In this article I develop four epistemic case studies to explore the main precepts and practices that courts must negotiate to extend their authority over land disputes. Courts face a dilemma: Do they apply state laws that disregard community regulatory practices and risk losing social relevance, or apply community notions of situational justice that undermine rule formalism? I conclude that reforms designed to increase rule formalism in the courts may have the unintended consequence of reducing the capacity for judges to find lasting solutions to land disputes.
Cambridge University Press
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