the future of tradition customary law common law and legal pluralism

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The Future Of Tradition

Author : Leon Shaskolsky Sheleff
ISBN : 9781136326158
Genre : History
File Size : 70. 47 MB
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"First Published in 2000, Routledge is an imprint of Taylor & Francis, an informa company."

The Future Of African Customary Law

Author : Jeanmarie Fenrich
ISBN : 9781139497824
Genre : Law
File Size : 27. 32 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.

Indigenous Peoples Customary Law And Human Rights Why Living Law Matters

Author : Brendan Tobin
ISBN : 9781317697534
Genre : Law
File Size : 85. 31 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 Governance Of Legal Pluralism

Author : Werner Zips
ISBN : 9783825898229
Genre : History
File Size : 46. 33 MB
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The Governance of Legal Pluralism challenges both the marginalization of legal arrangements and discourses in social anthropology, as well as the marginalization of legal anthropology within social anthropology. It aims at combining the related fields of political and legal anthropology in order to contribute towards a meaningful (re)integration of the anthropology of law into the mainstream of social anthropology.

The Shade Of New Leaves

Author : Manfred O. Hinz
ISBN : 3825892832
Genre : Political Science
File Size : 85. 56 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, color 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. Manfred O. Hinz is professor at the University of Bremen (Germany), and the University of Namibia, specializing in public law, jurisprudence and political and legal anthropology. Helgard K. Patemann is a researcher at the Centre for Applied Social Sciences, Faculty of Law, at the University of Namibia, specializing in medical anthropology and anthropology of religion.

Pluralism And European Private Law

Author : Leone Niglia
ISBN : 9781782250647
Genre : Law
File Size : 37. 59 MB
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European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.

Law And Anthropology

Author : Michael Freeman
ISBN : 9780199580910
Genre : Law
File Size : 54. 50 MB
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Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. Focussing on the inter-connections between the two disciplines it also includes case studies from around the world.

Ethnizit T Moderne Und Enttraditionalisierung

Author : Mosheh Tsuḳerman
ISBN : 3892445206
Genre : Ethnicity
File Size : 61. 9 MB
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Background Paper

Author : Chris Cunneen
ISBN : STANFORD:36105063267160
Genre : Law
File Size : 28. 72 MB
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Cornell International Law Journal

Author :
ISBN : UCAL:B5114189
Genre :
File Size : 74. 73 MB
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