Author: Chuma Himonga
Publisher:
ISBN: 9781485107293
Category :
Languages : en
Pages : 392
Book Description
Reform of Customary Marriage, Divorce and Succession in South Africa
Gender, Law and Justice
Author: Elsje Bonthuys
Publisher: Juta and Company Ltd
ISBN: 9780702176647
Category : Law
Languages : en
Pages : 500
Book Description
Feminist lawyers have long been engaged in critiquing the gendered nature of South African law. This project has increased in importance and scope as a result of the centrality of gender equality, as a value and a substantive right, in the South African Constitution. Gender, Law and Justice provides both theoretical and practical tools to enable academic and practising lawyers to apply concepts of gender equality to the law. It introduces readers to basic feminist concepts and arguments, and to a wealth of local, comparative and international material on gender and the law. It also illustrates how the law may be shaped to transform the social, cultural and economic conditions of women's lives in South Africa, at the same time as it acknowledges the limits of legal strategies for change. This book has three main objectives. The first is to identify the different positions of women in South Africa and to examine the disparate impact of the legal system on their lives. Secondly, it aims to expose the gender bias in legal concepts and in the content and application of legal rules. Thirdly, it suggests changes to the law, and evaluates those changes that have already occurred, with a view to developing the law so that it is better able to ensure justice and meet the diverse needs of women in South Africa.
Publisher: Juta and Company Ltd
ISBN: 9780702176647
Category : Law
Languages : en
Pages : 500
Book Description
Feminist lawyers have long been engaged in critiquing the gendered nature of South African law. This project has increased in importance and scope as a result of the centrality of gender equality, as a value and a substantive right, in the South African Constitution. Gender, Law and Justice provides both theoretical and practical tools to enable academic and practising lawyers to apply concepts of gender equality to the law. It introduces readers to basic feminist concepts and arguments, and to a wealth of local, comparative and international material on gender and the law. It also illustrates how the law may be shaped to transform the social, cultural and economic conditions of women's lives in South Africa, at the same time as it acknowledges the limits of legal strategies for change. This book has three main objectives. The first is to identify the different positions of women in South Africa and to examine the disparate impact of the legal system on their lives. Secondly, it aims to expose the gender bias in legal concepts and in the content and application of legal rules. Thirdly, it suggests changes to the law, and evaluates those changes that have already occurred, with a view to developing the law so that it is better able to ensure justice and meet the diverse needs of women in South Africa.
Generation, Gender and Negotiating Custom in South Africa
Author: Elena Moore
Publisher: Routledge
ISBN: 1000600211
Category : Social Science
Languages : en
Pages : 154
Book Description
This book investigates how customary practices in South Africa have led to negotiation and contestation over human rights, gender and generational power. Drawing on a range of original empirical studies, this book provides important new insights into the realities of regulating personal relationships in complex social fields in which customary practices are negotiated. This book not only adds to a fuller understanding of how customary practices are experienced in contemporary South Africa, but it also contributes to a large discussion about the experiences, impact and ongoing negotiations around changing structures of gender and generational power and rights in contemporary South Africa. It will be of interest to researchers across the fields of sociology, family/customary law, gender, social policy and African Studies.
Publisher: Routledge
ISBN: 1000600211
Category : Social Science
Languages : en
Pages : 154
Book Description
This book investigates how customary practices in South Africa have led to negotiation and contestation over human rights, gender and generational power. Drawing on a range of original empirical studies, this book provides important new insights into the realities of regulating personal relationships in complex social fields in which customary practices are negotiated. This book not only adds to a fuller understanding of how customary practices are experienced in contemporary South Africa, but it also contributes to a large discussion about the experiences, impact and ongoing negotiations around changing structures of gender and generational power and rights in contemporary South Africa. It will be of interest to researchers across the fields of sociology, family/customary law, gender, social policy and African Studies.
The Future of African Customary Law
Author: Jeanmarie Fenrich
Publisher: Cambridge University Press
ISBN: 1139497820
Category : Law
Languages : en
Pages : 563
Book Description
This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It 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.
Publisher: Cambridge University Press
ISBN: 1139497820
Category : Law
Languages : en
Pages : 563
Book Description
This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It 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.
Managing Family Justice in Diverse Societies
Author: Mavis Maclean
Publisher: Bloomsbury Publishing
ISBN: 1782250778
Category : Law
Languages : en
Pages : 328
Book Description
The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa. The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.
Publisher: Bloomsbury Publishing
ISBN: 1782250778
Category : Law
Languages : en
Pages : 328
Book Description
The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa. The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.
Customary Law
Author: South African Law Commission
Publisher:
ISBN:
Category : Administration of estates
Languages : en
Pages : 114
Book Description
Publisher:
ISBN:
Category : Administration of estates
Languages : en
Pages : 114
Book Description
Single Marriage Statute
Author: South African Law Reform Commission
Publisher:
ISBN: 9780621490770
Category : Marriage law
Languages : en
Pages : 279
Book Description
Publisher:
ISBN: 9780621490770
Category : Marriage law
Languages : en
Pages : 279
Book Description
African Customary Law in South Africa
Author: I.P. Maithufi
Publisher: Oxford University Press, USA
ISBN: 9780199057184
Category : Black people
Languages : en
Pages : 0
Book Description
African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to indigenous law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts and values of living customary law. The text suggests an approach which supports harmonisation of customary law precepts and values with the common law and Western constitutional jurisprudence, and offers an authentic, culturally sensitive framework within which contentious issues might be resolved. The text is pedagogically designed to assist learning and the development of academic skills, encouraging readers to develop an approach of independent enquiry and analysis. This text is suited as core course material for students who are studying African Customary Law, Indigenous Law, or Legal Diversity as a module of the LLB degree. It also serves as a useful first reference for scholars who are interested in this field of law, legal practitioners, magistrates and judges. The following teaching resources complement the text, and are available to lecturers, to support teaching and learning: PowerPoint slide presentation Application questions
Publisher: Oxford University Press, USA
ISBN: 9780199057184
Category : Black people
Languages : en
Pages : 0
Book Description
African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to indigenous law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts and values of living customary law. The text suggests an approach which supports harmonisation of customary law precepts and values with the common law and Western constitutional jurisprudence, and offers an authentic, culturally sensitive framework within which contentious issues might be resolved. The text is pedagogically designed to assist learning and the development of academic skills, encouraging readers to develop an approach of independent enquiry and analysis. This text is suited as core course material for students who are studying African Customary Law, Indigenous Law, or Legal Diversity as a module of the LLB degree. It also serves as a useful first reference for scholars who are interested in this field of law, legal practitioners, magistrates and judges. The following teaching resources complement the text, and are available to lecturers, to support teaching and learning: PowerPoint slide presentation Application questions
Divorce, Families and Emotion Work
Author: Elena Moore
Publisher: Springer
ISBN: 1137438223
Category : Psychology
Languages : en
Pages : 281
Book Description
“This book is a carefully researched, clearly written, very important contribution to our understanding of divorce.” —Arlie Hochschild, University of California, USA “This rich, evidence-informed narrative provides a frank, ‘up close and personal’ portrait of the aftermath of marriage dissolution.” — Mary Corcoran, Maynooth University, Ireland “Moore throws a welcome light on the moral identities and gendered inequalities of parenting after separation.” — Rosalind Edwards, University of Southampton, UK This book focuses on parental commitment to family life after divorce, in contrast to its common perception as an irrevocable breaking up of the family unit, which is often perpetuated by representations from popular culture and the media. In the first detailed review of emotions and emotion work undertaken by divorced parents, the author sheds light on how parents manage feelings of guilt, fear, on-going anger and everyday unhappiness in the course of family life post-divorce. Moore demonstrates how the emotional dimension of divorce is shaped by societal and structural factors and requires parents to undertake considerable emotion work in the creation of new moral identities. The book points to the often gendered responsibilities for sustaining family lives post separation, and how these reflect extensive inequalities in family practices. The author concludes that divorce is not dangerous for society; it is not a social evil or a demonstration of the rise of selfish individualism, and that divorcees remain committed to former partners and children long after divorce. This book will be of interest to scholars and students in the areas of Sociology, Psychology, Family Studies, Social Policy, Social Work and Law.
Publisher: Springer
ISBN: 1137438223
Category : Psychology
Languages : en
Pages : 281
Book Description
“This book is a carefully researched, clearly written, very important contribution to our understanding of divorce.” —Arlie Hochschild, University of California, USA “This rich, evidence-informed narrative provides a frank, ‘up close and personal’ portrait of the aftermath of marriage dissolution.” — Mary Corcoran, Maynooth University, Ireland “Moore throws a welcome light on the moral identities and gendered inequalities of parenting after separation.” — Rosalind Edwards, University of Southampton, UK This book focuses on parental commitment to family life after divorce, in contrast to its common perception as an irrevocable breaking up of the family unit, which is often perpetuated by representations from popular culture and the media. In the first detailed review of emotions and emotion work undertaken by divorced parents, the author sheds light on how parents manage feelings of guilt, fear, on-going anger and everyday unhappiness in the course of family life post-divorce. Moore demonstrates how the emotional dimension of divorce is shaped by societal and structural factors and requires parents to undertake considerable emotion work in the creation of new moral identities. The book points to the often gendered responsibilities for sustaining family lives post separation, and how these reflect extensive inequalities in family practices. The author concludes that divorce is not dangerous for society; it is not a social evil or a demonstration of the rise of selfish individualism, and that divorcees remain committed to former partners and children long after divorce. This book will be of interest to scholars and students in the areas of Sociology, Psychology, Family Studies, Social Policy, Social Work and Law.
Reimagining Legal Pluralism in Africa
Author:
Publisher: BRILL
ISBN: 9004696741
Category : Law
Languages : en
Pages : 514
Book Description
This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.
Publisher: BRILL
ISBN: 9004696741
Category : Law
Languages : en
Pages : 514
Book Description
This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.