the future of tradition customary law common law and legal pluralism

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The Future Of Tradition

Author : Leon Shaskolsky Sheleff
ISBN : 9781136326080
Genre : History
File Size : 63. 76 MB
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"First Published in 2000, Routledge is an imprint of Taylor & Francis, an informa company."

Indigenous Peoples Customary Law And Human Rights Why Living Law Matters

Author : Brendan Tobin
ISBN : 9781317697534
Genre : Law
File Size : 24. 94 MB
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This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

The Shade Of New Leaves

Author : Manfred O. Hinz
ISBN : 3825892832
Genre : Political Science
File Size : 65. 89 MB
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"Omudile muua ohapo; epangelo liua ohamba". Freely translated, this proverb of the Ovakwanyama of northern Namibia means: "New leaves produce a good shade; the laws of a king are always as good as new". The proverb paints a picture of wisdom to express the dialectical relationship between continuity and change in customary law. Since royal orders are supposed not to change from one king to the next, they are always as good as new, reads the explanatory note to the proverb by the anthropologist Loeb, who recorded the proverb. Traditional authority is like a tree standing on its roots, rooted in the tradition created by the ancestors of the ruler and the community. These roots remain firm, stable and unchanged, not so the concrete manifestation of authority that changes and responds to changes of the environment. This makes that new leaves are produced by the rooted tree. The new leaves are new and old. They are old, because in structure, colour and their capacity to protect by giving shade, they are more or less like the leaves of last year and the year before; they are new because they react to the challenge of seasons. The Shade of New Leaves emerged out of an international conference on the living reality of customary law and traditional governance held in Windhoek in 2004. The conference was organised by the Centre for Applied Social Sciences and the Human Rights and Documentation Centre, both affiliated to the Faculty of Law of the University of Namibia, in co-operation with the Law Departments of the Universities of Bremen, Germany, and the School of Oriental and African Studies, University of London. The contributions to this book are grouped into six parts: Part 1: Legal pluralism, traditional governance and the challenge of the democratic constitutional order * Part 2: Traditional administration of justice revisited * Part 3: Ascertaining customary law: prerequisite of good governance in traditional authority * Part 4: Legal philosophy, African philosophy and African jurisprudence * Part 5: Research, training and teaching of customary law * Part 6: Afterthoughts

The Future Of African Customary Law

Author : Jeanmarie Fenrich
ISBN : 9781139497824
Genre : Law
File Size : 79. 61 MB
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Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law and international human rights treaties. This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. The volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights and intestate succession; and the relationship between customary law, human rights and gender equality.

Ethnizit T Moderne Und Enttraditionalisierung

Author : Mosheh Tsuḳerman
ISBN : 3892445206
Genre : Ethnicity
File Size : 41. 99 MB
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Law Custom

Author : David VanDrunen
ISBN : STANFORD:36105063890466
Genre : Law
File Size : 34. 5 MB
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The decline of the common law in Western legal systems has meant the loss of an important bridge between law and the customs of the societies that law governs, marking the departure from centuries of legal practice and threatening to strip the legal order of its moral basis, according to VanDrun

Cornell International Law Journal

Author :
ISBN : UCAL:B5114189
Genre :
File Size : 39. 43 MB
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Canada S Indigenous Constitution

Author : John Borrows
ISBN : STANFORD:36105134505176
Genre : Law
File Size : 63. 40 MB
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Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions.With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly.This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide .

Blood Land And Sex

Author : Lyda Favali
ISBN : UOM:39015056900098
Genre : History
File Size : 44. 7 MB
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In Eritrea, state, traditional, and religious laws equally prevail, but any of these legal systems may be put into play depending upon the individual or individuals involved in a legal dispute. Because of conflicting laws, it has been difficult for Eritreans to come to a consensus on what constitutes their legal system. In Blood, Land, and Sex, Lyda Favali and Roy Pateman examine the roles of the state, ethnic groups, religious groups, and the international community in several key areas of Eritrean law -- blood feud or murder, land tenure, gender relations (marriage, prostitution, rape), and female genital surgery. Favali and Pateman explore the intersections of the various laws and discuss how change can be brought to communities where legal ambiguity prevails, often to the grave harm of women and other powerless individuals. This significant book focuses on how Eritrea and other newly emerging democracies might build pluralist legal systems that will be acceptable to an ethnically and religiously diverse population.

Background Paper

Author : Chris Cunneen
ISBN : STANFORD:36105063267160
Genre : Law
File Size : 83. 15 MB
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