NOT JUST DEFENDING; ADVOCATING FOR LAW IN MYANMAR

Description: 

"...Through research on Myanmar, we argue that in authoritarian settings where legality has drastically declined, the starting point for cause lawyering lies in advocacy for law itself, in advocating for the regular application of law?s rules. Because this characterization is liable to be misunderstood as formalistic, particularly by persons familiar with less authoritarian, more legally coherent settings than the one with which we are here concerned, it deserves some brief comments before we continue...By insisting upon legal formality as a condition of transformative justice, cause lawyers in Myanmar advocate for the inherent value of rules in the courtroom, but also incrementally build a constituency in the wider society. In advocating for faithful application of declared rules, in insisting on formal legality in the public domain, lawyers encourage people to mobilize around law as an idea, essential for making law meaningful in practice. They promote a notion of the legal system as once more an arena in which citizens can set up interests that are not congruent with those of the state; an arena in which cause lawyering is made viable and in which the cause lawyer has a distinctive role to play..." Includes description and discussion of the Kanma land-grab case.....The digitised version may contain errors so the original is included an an Alternate URL.

Creator/author: 

Nick Cheesman, Kyaw Min San

Source/publisher: 

Wisconsin International Law Journal

Date of Publication: 

2014-06-00

Date of entry: 

2014-08-17

Grouping: 

  • Individual Documents

Category: 

Language: 

English

Local URL: 

Format: 

pdf pdf

Size: 

226.32 KB 1.57 MB