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The Future Of African Customary Law

Author: Jeanmarie Fenrich
Publisher: Cambridge University Press
ISBN: 1139497820
Size: 44.19 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.

African Customary Law

Author: Onyango, Peter
Publisher: LawAfrica Publishing Ltd
ISBN: 9966031340
Size: 55.60 MB
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The book is a summarised guide towards the conception of law in the post-modernism period and how African customary law can add value to the on-going law reforms in Kenya and other African states. This study is meant for practising customary lawyers, law students, researchers, jurists and professionals found in the Continent of Africa. African legal system is treated in this research as a pure legal discourse with unique impetus and relevance on the articulated foresaid laws of State. Prior to our analytical preview of customary law and its impact on law making process in Africa, it is procedural to first address its appropriate procedures, motivation, scope, aim and methodology before indulging ourselves fully into analytical and conceptual studies.

Indigenous Peoples Customary Law And Human Rights Why Living Law Matters

Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697545
Size: 51.76 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.

Ubuntu And The Law

Author: Drucilla Cornell
Publisher: Fordham Univ Press
ISBN: 0823233820
Size: 32.25 MB
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Although ubuntu is an ideal or value rooted in South Africa, its purchase as a performative ethic of the human goes beyond its roots in African languages. Indeed, this casebook helps break through some of the stale antinomies in the discussions of cultures and rights, because both the courts and the critical essays discuss ubuntu as not simply an indigenous or even African ideal but as one that in its own terms calls for universal justification. The efforts of the Constitutional Court to take seriously competing ideals of law and justice have led to original ethical reasoning, which has significant implications for post-apartheid constitutionalism and law more generally. --

Racial Subordination In Latin America

Author: Tanya Katerí Hernández
Publisher: Cambridge University Press
ISBN: 1107024862
Size: 33.27 MB
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There are approximately 150 million people of African descent in Latin America yet Afro-descendants have been consistently marginalized as undesirable elements of the society. Latin America has nevertheless long prided itself on its absence of U.S.-styled state-mandated Jim Crow racial segregation laws. This book disrupts the traditional narrative of Latin America's legally benign racial past by comprehensively examining the existence of customary laws of racial regulation and the historic complicity of Latin American states in erecting and sustaining racial hierarchies. Tanya Katerí Hernández is the first author to consider the salience of the customary law of race regulation for the contemporary development of racial equality laws across the region. Therefore, the book has a particular relevance for the contemporary U.S. racial context in which Jim Crow laws have long been abolished and a "post-racial" rhetoric undermines the commitment to racial equality laws and policies amidst a backdrop of continued inequality.

The Challenge Of Legal Pluralism

Author: Marc Simon Thomas
Publisher: Taylor & Francis
ISBN: 131703919X
Size: 27.73 MB
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Within the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance. This book argues that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a "counter-hegemonic strategy", even if, on other socio-geographical levels, this thinking in terms of resistance holds true. Based on qualitative research, the work analyzes how internal conflicts among indigenous inhabitants of the Ecuadorian highlands are being settled in a situation of formal legal pluralism, and what can be learned from this in terms of Indian-state relationships. It is shown that, on a local level, the phenomenological dimension of legal pluralism can be termed "interlegality." On a macro level, ontological assumptions underscore that legal pluralism is still seen as a dichotomy between customary and national law. Multidisciplinary in nature, the book will be of interest to academics and researchers working in the areas of Legal Pluralism, Cultural Anthropology and Latin American Studies.

African Customary Law In South Africa

Author: I.P. Maithufi
Publisher: OUP Southern Africa
ISBN: 9780199057184
Size: 57.99 MB
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African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to African customary law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating the distinctness of African customary law in relation to other areas of South African law. It explores the dynamic, foundational precepts and values of living customary law, which are vital tounderstanding the role and application of this system of law.

Law Custom And Social Order

Author: Martin Chanock
Publisher: Heinemann Educational Publishers
ISBN: 9780325000169
Size: 28.51 MB
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This book explores the historical formation during the colonial period of that part of African law know as customary law.