Performing state authority in court: judges and litigants in family law hearings in Cotonou

Through the specific case of family law judges in Cotonou, this paper will reflect on the processes though which state authority is performed in court. It will describe interactions between judges, lawyers and litigants, analyse the claims that people make towards ‘the state’ and the manner in which judges deal with those claims during hearings and in their judgments. After the enforcement of the 2004 Code on Persons and Family, more and more women and family members in general mobilize state courts in order to challenge family hierarches and, in inheritance cases, get access to property, which has become exponentially expensive in the economic capital. Based on qualitative interviews with legal professionals and litigants, and on participant observation in court, this research delves into the way citizens perceive the authority of the state in court and what they expect to gain from mobilizing it in inheritance matters. It also addresses the judge’s discretion in interpreting a rather progressive, and sometimes deemed ‘imported’ Code on Persons and Family.