Author: Thierry G. Verhelst
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 48
Book Description
Safeguarding African Customary Law
Author: Thierry G. Verhelst
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 48
Book Description
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 48
Book Description
Safeguarding African Customary Law
Author: Thierry Verhelst
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 60
Book Description
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 60
Book Description
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.
Feminist Constitutionalism
Author: Beverley Baines
Publisher: Cambridge University Press
ISBN: 0521761573
Category : Law
Languages : en
Pages : 495
Book Description
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
Publisher: Cambridge University Press
ISBN: 0521761573
Category : Law
Languages : en
Pages : 495
Book Description
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
The State and the Paradox of Customary Law in Africa
Author: Olaf Zenker
Publisher: Routledge
ISBN: 1317014790
Category : Law
Languages : en
Pages : 395
Book Description
Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.
Publisher: Routledge
ISBN: 1317014790
Category : Law
Languages : en
Pages : 395
Book Description
Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.
Citizen and Subject
Author: Mahmood Mamdani
Publisher: Princeton University Press
ISBN: 0691180423
Category : History
Languages : en
Pages : 380
Book Description
In analyzing the obstacles to democratization in post- independence Africa, Mahmood Mamdani offers a bold, insightful account of colonialism's legacy--a bifurcated power that mediated racial domination through tribally organized local authorities, reproducing racial identity in citizens and ethnic identity in subjects. Many writers have understood colonial rule as either "direct" (French) or "indirect" (British), with a third variant--apartheid--as exceptional. This benign terminology, Mamdani shows, masks the fact that these were actually variants of a despotism. While direct rule denied rights to subjects on racial grounds, indirect rule incorporated them into a "customary" mode of rule, with state-appointed Native Authorities defining custom. By tapping authoritarian possibilities in culture, and by giving culture an authoritarian bent, indirect rule (decentralized despotism) set the pace for Africa; the French followed suit by changing from direct to indirect administration, while apartheid emerged relatively later. Apartheid, Mamdani shows, was actually the generic form of the colonial state in Africa. Through case studies of rural (Uganda) and urban (South Africa) resistance movements, we learn how these institutional features fragment resistance and how states tend to play off reform in one sector against repression in the other. The result is a groundbreaking reassessment of colonial rule in Africa and its enduring aftereffects. Reforming a power that institutionally enforces tension between town and country, and between ethnicities, is the key challenge for anyone interested in democratic reform in Africa.
Publisher: Princeton University Press
ISBN: 0691180423
Category : History
Languages : en
Pages : 380
Book Description
In analyzing the obstacles to democratization in post- independence Africa, Mahmood Mamdani offers a bold, insightful account of colonialism's legacy--a bifurcated power that mediated racial domination through tribally organized local authorities, reproducing racial identity in citizens and ethnic identity in subjects. Many writers have understood colonial rule as either "direct" (French) or "indirect" (British), with a third variant--apartheid--as exceptional. This benign terminology, Mamdani shows, masks the fact that these were actually variants of a despotism. While direct rule denied rights to subjects on racial grounds, indirect rule incorporated them into a "customary" mode of rule, with state-appointed Native Authorities defining custom. By tapping authoritarian possibilities in culture, and by giving culture an authoritarian bent, indirect rule (decentralized despotism) set the pace for Africa; the French followed suit by changing from direct to indirect administration, while apartheid emerged relatively later. Apartheid, Mamdani shows, was actually the generic form of the colonial state in Africa. Through case studies of rural (Uganda) and urban (South Africa) resistance movements, we learn how these institutional features fragment resistance and how states tend to play off reform in one sector against repression in the other. The result is a groundbreaking reassessment of colonial rule in Africa and its enduring aftereffects. Reforming a power that institutionally enforces tension between town and country, and between ethnicities, is the key challenge for anyone interested in democratic reform in Africa.
Legal standards on freedom of expression
Author: Singh, Avani
Publisher: UNESCO Publishing
ISBN: 9231003011
Category :
Languages : en
Pages : 218
Book Description
Publisher: UNESCO Publishing
ISBN: 9231003011
Category :
Languages : en
Pages : 218
Book Description
Protecting Children From Harmful Practices in Plural Legal Systems
Author: United Nations Office of the Special Representative of the Secretary-General on Violence against Children
Publisher: United Nations
ISBN: 921058290X
Category : Political Science
Languages : en
Pages : 38
Book Description
This report reviews positive legislative developments in different regions of the world, with a special emphasis on Africa, to strengthen children’s legal protection from violence as a result of harmful practices, and addresses the interplay between statutory, customary and religious laws.
Publisher: United Nations
ISBN: 921058290X
Category : Political Science
Languages : en
Pages : 38
Book Description
This report reviews positive legislative developments in different regions of the world, with a special emphasis on Africa, to strengthen children’s legal protection from violence as a result of harmful practices, and addresses the interplay between statutory, customary and religious laws.
The Protection of Traditional Cultural Expressions in Africa
Author: Enyinna Nwauche
Publisher: Springer
ISBN: 3319572318
Category : Law
Languages : en
Pages : 234
Book Description
This book evaluates the protection of traditional cultural expressions in Africa using South Africa, Kenya, Nigeria and Ghana as case study examples in the light of regional and international approaches in this respect. Such protection is considered in the context of a combination of positive protection models such as the protection offered by intellectual property rights and negative protection such as tangible heritage protection and authorisations by national competent authorities. These models are in turn assessed taking into consideration human and peoples’ rights frameworks, which recognise and affirm group entitlement to, among others, traditional cultural expressions. These frameworks ensure that such traditional cultural expressions are available for further innovation and creativity.
Publisher: Springer
ISBN: 3319572318
Category : Law
Languages : en
Pages : 234
Book Description
This book evaluates the protection of traditional cultural expressions in Africa using South Africa, Kenya, Nigeria and Ghana as case study examples in the light of regional and international approaches in this respect. Such protection is considered in the context of a combination of positive protection models such as the protection offered by intellectual property rights and negative protection such as tangible heritage protection and authorisations by national competent authorities. These models are in turn assessed taking into consideration human and peoples’ rights frameworks, which recognise and affirm group entitlement to, among others, traditional cultural expressions. These frameworks ensure that such traditional cultural expressions are available for further innovation and creativity.
Disrupting Africa
Author: Olufunmilayo B. Arewa
Publisher: Cambridge University Press
ISBN: 1009064223
Category : Law
Languages : en
Pages : 665
Book Description
In the digital era, many African countries sit at the crossroads of a potential future that will be shaped by digital-era technologies with existing laws and institutions constructed under conditions of colonial and post-colonial authoritarian rule. In Disrupting Africa, Olufunmilayo B. Arewa examines this intersection and shows how it encompasses existing and new zones of contestation based on ethnicity, religion, region, age, and other sources of division. Arewa highlights specific collisions between the old and the new, including in the 2020 #EndSARS protests in Nigeria, which involved young people engaging with varied digital era technologies who provoked a violent response from rulers threatened by the prospect of political change. In this groundbreaking work, Arewa demonstrates how lawmaking and legal processes during and after colonialism continue to frame contexts in which digital technologies are created, implemented, regulated, and used in Africa today.
Publisher: Cambridge University Press
ISBN: 1009064223
Category : Law
Languages : en
Pages : 665
Book Description
In the digital era, many African countries sit at the crossroads of a potential future that will be shaped by digital-era technologies with existing laws and institutions constructed under conditions of colonial and post-colonial authoritarian rule. In Disrupting Africa, Olufunmilayo B. Arewa examines this intersection and shows how it encompasses existing and new zones of contestation based on ethnicity, religion, region, age, and other sources of division. Arewa highlights specific collisions between the old and the new, including in the 2020 #EndSARS protests in Nigeria, which involved young people engaging with varied digital era technologies who provoked a violent response from rulers threatened by the prospect of political change. In this groundbreaking work, Arewa demonstrates how lawmaking and legal processes during and after colonialism continue to frame contexts in which digital technologies are created, implemented, regulated, and used in Africa today.