Family Law and Customary Law in Asia

Family Law and Customary Law in Asia PDF Author: David C. Buxbaum
Publisher: Springer
ISBN: 9401762163
Category : Law
Languages : en
Pages : 325

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Book Description

Family Law and Customary Law in Asia

Family Law and Customary Law in Asia PDF Author: David C. Buxbaum
Publisher: Springer
ISBN: 9401762163
Category : Law
Languages : en
Pages : 325

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Book Description


Family, Gender, and Law in a Globalizing Middle East and South Asia

Family, Gender, and Law in a Globalizing Middle East and South Asia PDF Author: Kenneth M. Cuno
Publisher: Syracuse University Press
ISBN: 0815651481
Category : Social Science
Languages : en
Pages : 329

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Book Description
The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.

Legal Traditions in Asia

Legal Traditions in Asia PDF Author: Janos Jany
Publisher: Springer Nature
ISBN: 3030437280
Category : Law
Languages : en
Pages : 492

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Book Description
This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

Family Law in Asia and Africa

Family Law in Asia and Africa PDF Author: Sir James Norman Dalrymple Anderson
Publisher:
ISBN:
Category : Domestic relations
Languages : en
Pages : 312

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Book Description
Based on a series of lectures presented 1965-66 at, and for the most part sponsored by, the School of Oriental and African Studies, University of London.

Law and Custom in Korea

Law and Custom in Korea PDF Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 110700697X
Category : History
Languages : en
Pages : 365

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Book Description
Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.

Ifugao Law (In American Archaeology and Ethnology)

Ifugao Law (In American Archaeology and Ethnology) PDF Author: R. F. Barton
Publisher: Library of Alexandria
ISBN: 1465552499
Category : Fiction
Languages : en
Pages : 271

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Book Description


Traditional Customary Laws and Indigenous Peoples in Asia

Traditional Customary Laws and Indigenous Peoples in Asia PDF Author: Raja Devasish Roy
Publisher: Minority Rights Group
ISBN: 1904584276
Category : Social Science
Languages : en
Pages : 40

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Book Description
For years, traditional laws – or customary laws – in Asia have been eroded. This report argues that remaining customary laws should be retained and discusses the extent to which their erosion can be reversed. Traditional Customary Laws and Indigenous Peoples in Asia focuses primarily on two types of customary law systems – personal or family law, and land and resource rights law – and considers the complex situation, which is far from uniform throughout Asia. For example, in some areas customary law systems and procedures are generally respected, while in other parts of Asia, customary law has been so eroded that it is virtually nonexistent and unrecognized by governments. There are also many examples that fall between these two situations. The author discusses the many challenges facing indigenous peoples in the pursuit of their customary law rights and many of the issues that have yet to be resolved within customary law systems. These include the occasional conflict between women’s rights and customary rights. The report focuses on the situation in the Chittagong Hill Tracts of Bangladesh, as well as including numerous examples from the Cordilleras in the Philippines; Jharkhand, Mizoram and Nagaland in India; northern Thailand; and Sabah and Sarawak in Malaysia, among others. Traditional Customary Laws and Indigenous Peoples in Asia is essential reading for indigenous peoples, nonindigenous government and political leaders and officials, staff of donor and development institutions and NGOs, and international bodies such as the United Nations.

Chinese Marriage and Social Change

Chinese Marriage and Social Change PDF Author: Max WL Wong
Publisher: Springer Nature
ISBN: 9811516448
Category : Political Science
Languages : en
Pages : 226

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Book Description
This book provides a comparative account of the abolition of concubinage in East Asia, offering a new perspective and revised analysis of the factors leading to – and the debates surrounding – the introduction of a new Marriage Reform Ordinance in Hong Kong in 1971. It uses this law as a platform to examine how the existence of concubinage – long preserved in the name of protecting Chinese traditions and customs — crucially influenced family law reforms, which were in response to a perceived need to create a ‘modern’ marriage system within Hong Kong’s Chinese community after the Second World War. This was, by and large, the result of continued pressure from within Hong Kong and from Britain to bring Hong Kong’s marriage system in line with international marriage treaties. It represented one of the last significant intrusions of colonial law into the private sphere of Hong Kong social life, eliminating Chinese customs which had been previously recognised by the colonial legal system’s family law. This book contextualizes the Hong Kong situation by examining judicial cases interpreting Chinese customs and the Great Qing Code, offering a comprehensive understanding of the Hong Kong situation in relation to the status of concubines in Republican China and other East Asian jurisdictions. It will be of particular interest to teachers and students of law, as well as researchers in gender studies, post-colonialism, sociology and cultural studies.

Divers Paths to Justice

Divers Paths to Justice PDF Author: Marcus Colchester
Publisher: Forest Peoples Programme
ISBN: 6169061170
Category : Indigenous peoples
Languages : en
Pages : 361

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Book Description


The Force of Custom

The Force of Custom PDF Author: Judith Beyer
Publisher: University of Pittsburgh Press
ISBN: 0822981548
Category : Social Science
Languages : en
Pages : 222

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Book Description
Judith Beyer presents a finely textured ethnographic study that sheds new light on the legal and moral ordering of everyday life in northwestern Kyrgyzstan. Through her extensive fieldwork, Beyer captures the thoughts and voices of local people in two villages, Aral and Engels, and combines these with firsthand observations to create an original ethnography. Beyer shows how local Kyrgyz negotiate proper behavior and regulate disputes by invoking custom, known to the locals as salt. While salt is presented as age-old tradition, its invocation needs to be understood as a highly developed and flexible rhetorical strategy that people adapt to suit the political, legal, economic, and religious environments. Officially, codified state law should take precedence when it comes to dispute resolution, yet the unwritten laws of salt and the increasing importance of Islamic law provide the standards for ordering everyday life. As Beyer further reveals, interpretations of both Islamic and state law are also intrinsically linked to salt. By interweaving case studies on kinship, legal negotiations, festive events, mourning rituals, and political and business dealings, Beyer shows how salt is the binding element in rural Kyrgyz social life, used to explain and negotiate moral behavior and to postulate communal identity. In this way, salt provides a time-tested, sustainable source of authentication that defies changes in government and the tides of religious movements. Beyer's ground-level analysis provides a broad base of knowledge that will be valuable for students and researchers of contemporary Central Asia.