This chapter offers a detailed thematic analysis of customary court discourse, going beyond the simple conclusion that the data merely reflects traditional judicial practices common among the Banen people. Instead, it aims to highlight broader research implications by exploring three main themes: humanity, modernity, and spirituality. These overarching themes are broken down into various subthemes, including amicable settlement, forgiveness, language accommodation, wisdom, fines, and court fees, among others. Exploring both themes and subthemes helps deepen our understanding and challenges existing ideas about customary laws, which have gradually been marginalised in wider legal discussions. The thematic analysis relies on a careful reflexive approach, enabling the researcher to help reconstruct the epistemological framework within African studies. Additionally, the chapter critically engages with several controversial arguments designed to stimulate discussion among academic readers, especially regarding multilingual court discourse in settings with linguistic barriers among litigants. Therefore, this chapter integrates the research findings while reaffirming the aims and objectives outlined earlier. It emphasises the importance of including African customary laws in discussions within legal studies and forensic linguistics, highlighting the potential influence of African oral legal traditions in these fields.

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Thematic Analysis and General Conclusion

  • Endurence Midinette Koumassol Dissake

摘要

This chapter offers a detailed thematic analysis of customary court discourse, going beyond the simple conclusion that the data merely reflects traditional judicial practices common among the Banen people. Instead, it aims to highlight broader research implications by exploring three main themes: humanity, modernity, and spirituality. These overarching themes are broken down into various subthemes, including amicable settlement, forgiveness, language accommodation, wisdom, fines, and court fees, among others. Exploring both themes and subthemes helps deepen our understanding and challenges existing ideas about customary laws, which have gradually been marginalised in wider legal discussions. The thematic analysis relies on a careful reflexive approach, enabling the researcher to help reconstruct the epistemological framework within African studies. Additionally, the chapter critically engages with several controversial arguments designed to stimulate discussion among academic readers, especially regarding multilingual court discourse in settings with linguistic barriers among litigants. Therefore, this chapter integrates the research findings while reaffirming the aims and objectives outlined earlier. It emphasises the importance of including African customary laws in discussions within legal studies and forensic linguistics, highlighting the potential influence of African oral legal traditions in these fields.