From legal dualism to polycentric governance: reframing authority and legitimacy in Sierra Leone and Sri Lanka

This article examines how the interaction between customary law and state institutions shapes governance outcomes in Sierra Leone and Sri Lanka, where plural legal systems persist as central features of post-colonial state formation. Existing scholarship recognizes legal pluralism but insufficiently explains its implications for institutional coherence and state authority. The study aims to address this gap by analyzing how institutional arrangements produce and sustain fragmented governance. Employing a qualitative comparative design grounded in socio-legal analysis, the article draws on legal texts, policy documents, and doctrinal interpretation. The findings demonstrate that institutionalized ambiguity and asymmetrical power relations generate fragmented legitimacy, producing regulatory uncertainty, inconsistent adjudication, and uneven enforcement. Rather than facilitating coordination, plural legal orders are strategically structured to preserve state dominance while delegating localized authority. The article advances a reconceptualization of legal pluralism as a governance mechanism and highlights the need for institutional designs that address fragmentation without erasing normative diversity.

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Publication Details

Journal
Cogent Social Sciences
Published
2026-08-25
DOI
https://doi.org/10.1080/23311886.2026.2722724
Primary Topic
Land Rights and Reforms
Type
article
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article

From legal dualism to polycentric governance: reframing authority and legitimacy in Sierra Leone and Sri Lanka

FATHIMA ADILA SHUHOOD, Thomas Sheku Marah
Cogent Social Sciences
Land Rights and Reforms
article

From legal dualism to polycentric governance: reframing authority and legitimacy in Sierra Leone and Sri Lanka

FATHIMA ADILA SHUHOOD, Thomas Sheku Marah
article en

Abstract

This article examines how the interaction between customary law and state institutions shapes governance outcomes in Sierra Leone and Sri Lanka, where plural legal systems persist as central features of post-colonial state formation. Existing scholarship recognizes legal pluralism but insufficiently explains its implications for institutional coherence and state authority. The study aims to address this gap by analyzing how institutional arrangements produce and sustain fragmented governance. Employing a qualitative comparative design grounded in socio-legal analysis, the article draws on legal texts, policy documents, and doctrinal interpretation. The findings demonstrate that institutionalized ambiguity and asymmetrical power relations generate fragmented legitimacy, producing regulatory uncertainty, inconsistent adjudication, and uneven enforcement. Rather than facilitating coordination, plural legal orders are strategically structured to preserve state dominance while delegating localized authority. The article advances a reconceptualization of legal pluralism as a governance mechanism and highlights the need for institutional designs that address fragmentation without erasing normative diversity.

Cogent Social SciencesVol. 12(1)
Njala University (SL), Nusa Putra University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 13%
Land Rights and Reforms
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From legal dualism to polycentric governance: reframing authority and legitimacy in Sierra Leone and Sri Lanka — FATHIMA ADILA SHUHOOD, Thomas Sheku Marah · Cogent Social Sciences (2026) | TGRS Research Map | TGRS