The Performance of Litigation: Asante Custom and the Juaben Court

Abstract

Providing an overview of Asante legal and philosophical principles establishes that the performance of litigation in Asante is more than simply the resolution of a dispute, but is an exercise in identity and citizenship. Focusing on Juaben and the Juabenhene's court, we see that utilizing the courts affirms an individual's position in the cultural system even as it addresses a conflict. Not only are the concepts and principles of the Akan cultural system the basis for legal practices of the court, but a litigant enacts a particular role (narrates the story and shows respect) and engages with others in specific roles determined by the discourse of the court. Through its operation, the court recreates an Asante reality and identity, equally as influential on the litigants as the outcome of the case brought before the court.