Economic and legal reforms have triggered waves of conflict over property rights and access to urban land in Vietnam. In this article I develop four epistemic case studies to explore the main precepts and practices that courts must negotiate to extend their authority over land disputes. Courts face a dilemma: Do they apply state laws that disregard community regulatory practices and risk losing social relevance, or apply community notions of situational justice that undermine rule formalism? I conclude that reforms designed to increase rule formalism in the courts may have the unintended consequence of reducing the capacity for judges to find lasting solutions to land disputes.
Authors and Publishers
The purpose of the Mekong Land Research Forum online site is to provide structured access to published and unpublished research on land issues in the Mekong Region. It is based on the premise that debates and decisions around land governance can be enhanced by drawing on the considerable volume of research, documented experience and action-based reflection that is available.