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View Full Version : Somali "jurisprudence"



MarxSchmarx
25th April 2010, 04:27
I've recently become very interested in Xeer "Jusrisprudence", that is, the Somali legal structure, as a way of envisioning a classless political order. Although some ancaps have gravitated towards it:

http://www.revleft.com/vb/somalia-ancap-bloody-t129384/index.html?t=129384&highlight=xeer

I think as a leftists we can envision something like this working side by side with a worker-consumer based planned economy.


Still, Xeer is like all other superstructures an economically constrained social system. While it may seem pre-capitalist or "primitive communist", the same is true for say Anglo-Saxon legal tradition, and Xeer seems to have adapted reasonably well to modern conflicts. Does this seem like a promising way to reorganize the new social order?

Dimentio
25th April 2010, 16:15
The problem with Xeer and similar pre-capitalist "organic" justice systems is that they let the prejudices and traditions of the majority at the moment rule.

MarxSchmarx
26th April 2010, 04:41
The problem with Xeer and similar pre-capitalist "organic" justice systems is that they let the prejudices and traditions of the majority at the moment rule.

And this is different from democracy how? If anything, these justice systems that rely on the individual adjudicator are open to persuasion in a way that mass opinion often is not.