The Janus face of legal pluralism for the rule of law promotion in sub-Saharan Africa

Abstract

Beyond being a descriptive framework of the legal universe in sub-Saharan Africa, legal pluralism has become a policy field in the rule of law promotion. The aim of this article is to problematize and clarify how legal pluralism has been deployed for rule of law, and on what grounds sustainable rule of law through legal pluralism hold. Due to the syncretic nature of the state in sub-Saharan Africa, it is contended that legal pluralism is configured with a Janus face. While one face of legal pluralism connects the state to the society and is positioned to maintain internal peace and order, the other face connects the state to the international community and consequently shields it from external threat. This article argues that a sustainable rule of law promotion rests on the dialectic of the constitutional systems and the Janus faced configuration of legal pluralism in sub-Saharan Africa.