Traditional Versus Modern Judicial Practices: Comparative Analysis Of Dispute Resolution Systems Among The South-West Yoruba Of Nigeria

INTRODUCTION

Some of the preliminary issues we intend to consider in this paper are the extent to which modem day judicial practices, as manifested in Courts are well fitted for Dispute Resolution. The second is whether disputes are central to the work of Courts. The nature of our response to these issues will justify the need or otherwise for an alternative dispute resolution method. Richard Lempert defines disputes as 'controversies involving two (or more) parties, each making a special kind of claim: a normative claim of entitlement' (Lempert 1981 :708). Another definition holds that a dispute is 'a social relationship created when someone (an individual, a group, or an organisation) has a grievance, makes a claim and has that claim rejected' (Kritzer, 1981 :510). The problem with seeing dispute processing as central to the work of courts is two fold." First, there are good grounds for saying that the adjudicative process of courts is extremely poorly fitted for dispute resolution. Secondly, there seems to be considerable evidence that a great deal - probably the major part in terms of total number of cases - of courts' work is concerned with matters other than disputes in these senses. Each of these matters will be looked at in turn.

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APA

TAIWO, O (2021). Traditional Versus Modern Judicial Practices: Comparative Analysis Of Dispute Resolution Systems Among The South-West Yoruba Of Nigeria. Afribary. Retrieved from https://afribary.com/works/traditional-versus-modern-judicial-practices-comparative-analysis-of-dispute-resolution-systems-among-the-south-west-yoruba-of-nigeria

MLA 8th

TAIWO, OLUKAYODE "Traditional Versus Modern Judicial Practices: Comparative Analysis Of Dispute Resolution Systems Among The South-West Yoruba Of Nigeria" Afribary. Afribary, 07 May. 2021, https://afribary.com/works/traditional-versus-modern-judicial-practices-comparative-analysis-of-dispute-resolution-systems-among-the-south-west-yoruba-of-nigeria. Accessed 23 Nov. 2024.

MLA7

TAIWO, OLUKAYODE . "Traditional Versus Modern Judicial Practices: Comparative Analysis Of Dispute Resolution Systems Among The South-West Yoruba Of Nigeria". Afribary, Afribary, 07 May. 2021. Web. 23 Nov. 2024. < https://afribary.com/works/traditional-versus-modern-judicial-practices-comparative-analysis-of-dispute-resolution-systems-among-the-south-west-yoruba-of-nigeria >.

Chicago

TAIWO, OLUKAYODE . "Traditional Versus Modern Judicial Practices: Comparative Analysis Of Dispute Resolution Systems Among The South-West Yoruba Of Nigeria" Afribary (2021). Accessed November 23, 2024. https://afribary.com/works/traditional-versus-modern-judicial-practices-comparative-analysis-of-dispute-resolution-systems-among-the-south-west-yoruba-of-nigeria