2012
DOI: 10.1080/07329113.2012.10756691
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Why do Congolese People go to Court? A Qualitative Study of Litigants’ Experiences in Two Justice of the Peace Courts in Lubumbashi

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Cited by 24 publications
(11 citation statements)
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“…A small subset of scholars have taken up this question directly, examining the relevance and applicability of the literature on legal consciousness and mobilization to areas of limited statehood (e.g., Englund 2006;Gallagher 2007Gallagher , 2013Merry 2006;Michelson 2007). In their 2012 study of litigants involved in civil cases in DR Congo's Katanga Province, Rubbers and Gallez (2012) for instance found-like Ewick and Sibley (1998) in the United States-that income and education levels were the greatest predictor of going to court for certain types of disputes. However, evidence from eastern DR Congo suggests far more nuance and complexity than earlier assumptions allow.…”
Section: Why Go To Court?mentioning
confidence: 99%
See 1 more Smart Citation
“…A small subset of scholars have taken up this question directly, examining the relevance and applicability of the literature on legal consciousness and mobilization to areas of limited statehood (e.g., Englund 2006;Gallagher 2007Gallagher , 2013Merry 2006;Michelson 2007). In their 2012 study of litigants involved in civil cases in DR Congo's Katanga Province, Rubbers and Gallez (2012) for instance found-like Ewick and Sibley (1998) in the United States-that income and education levels were the greatest predictor of going to court for certain types of disputes. However, evidence from eastern DR Congo suggests far more nuance and complexity than earlier assumptions allow.…”
Section: Why Go To Court?mentioning
confidence: 99%
“…Turning to those individuals who have engaged the law in some capacity, what little analysis that exists suggests that the overarching motivation for turning to the law in eastern DR Congo is the pursuit of material gain (Douma and Hilhorst 2012;Mansfield 2009: 380;Van Velzen and Van Velzen 2011). Practitioners, on the other hand, have tended to assume that increasing use of the courts signifies that victims of violence have internalized new norms of appropriate behavior concerning criminal justice and the rule of law (Open Society Foundation 2013), or that litigants turn to the law in pursuit of an idealized image of justice delivered by the state (Rubbers and Gallez 2012).…”
Section: Naema Told Usmentioning
confidence: 99%
“…That a jurisprudence on sexual violence has emerged is remarkable in a country where the court system is flawed, awash with delays, and costly, and where it is highly uncertain whether a complainant will be lucky enough to find an honest judge (Rubbers and Gallez, ). Sexual violence cases have been tried in three venues to date.…”
Section: Resultsmentioning
confidence: 99%
“…The four civil prosecution institutions in North Kivu analysed registered 1,293 cases of sexual violence between 2006 (when the law on sexual violence was adopted) and 2013, with the number gradually increasing over time. 7 That a jurisprudence on sexual violence has emerged is remarkable in a country where the court system is flawed, awash with delays, and costly, and where it is highly uncertain whether a complainant will be lucky enough to find an honest judge (Rubbers and Gallez, 2012). Sexual violence cases have been tried in three venues to date.…”
Section: The Need For More Independent Legal Assistancementioning
confidence: 99%
“…New life was blown into these courts from 2007 onwards under the new Kabila government (Rubbers and Gallez 2012). Meanwhile the courts have become more numerous but they face similar problems as the overall state justice sector in the DRC: a lack of funds, understaffing, and a lack of legitimacy among the population (Vinck and Pham 2014;Meyer 2014;Rubbers and Gallez 2012). In a survey carried out as part of this research (n ¼ 278), we asked people whom they would turn to (or had turned to in the past) in case of disputes.…”
Section: The Congolese State and Criminal Law Casesmentioning
confidence: 99%