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Dynamiques alternatives pour l'accès au droit et à la justice dans un contexte de pauvreté : enjeux de l'état de droit, de la gouvernance et du développement durable

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  • Trinh, Sylvaine

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  • Njupouen, Isaac Bolivar René
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    Abstract

    This research work focuses on the multiple agents of access to law and justice for the poor. In the current context marked by the globalization of capitalism, we witness the ever growing judiciarisation of society which seems to result from the former phenomenon; people increasingly seek to be subjects of law and everything or almost everything refers to justice.In the meantime, the disproportionate wealth of some people and impoverishment of others has not reduced the gap and tension between the rich and the poor, the strong and the weak. While justice is a natural fundamental need for every human being, to access the judicial machinery and to rightfully obtain a favorable court ruling is, to some extent perceived in many societies, wrongly or rightly, as being the privilege of the richest and of the strongest. Thus, many initiatives, be they at personal, social, cultural, citizens’ or international level, are developed, with the aim to break such determinism by lending a hand to the needy, so as to enable them get access to justice. In effect, facing the costly and intricate nature of the institutional justice system, multiple actors are getting themselves available for poor citizens. This is possible through internal alternative or similar mechanisms to institutional justice.These emerging or re-emerging forms of justice, in both the private and public spheres, seeking to fit to the rationality of the modern law or which belong to other rationalities and cultures, question on one hand the Rule of Law, governance and development, and on the other hand, universalism and the sense of identity. This requires finding through each of these forms of justice, the proof that it contributes to the defense of the universal human rights, a consequence of the Subjectivation.

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    Bibliographic Info

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    This book is provided by Paris Dauphine University in its series Economics Thesis from University Paris Dauphine with number 123456789/13670 and published in 2013.

    Order: http://basepub.dauphine.fr/xmlui/handle/123456789/13670
    Handle: RePEc:dau:thesis:123456789/13670

    Note: dissertation
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    Related research

    Keywords: Accès à la justice; Action; Cameroun; Capabilités; Changement social; Développement humain; Judiciarisation; Access to Justice; Action; Cameroon; Capabilities; Human Development; Human Rights; Social change;

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