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Author: Jeanmarie Fenrich
Publisher: Cambridge University Press
ISBN: 1139497820
Category : Law
Languages : en
Pages : 563
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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.
Author: Jeanmarie Fenrich
Publisher: Cambridge University Press
ISBN: 1139497820
Category : Law
Languages : en
Pages : 563
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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.
Author: Wilfred Massingham Seymour
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 520
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Book Description
Author: Beverley Baines
Publisher: Cambridge University Press
ISBN: 0521761573
Category : Law
Languages : en
Pages : 495
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Book Description
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
Author: Christa Rautenbach
Publisher:
ISBN: 9781776173259
Category : Black people
Languages : en
Pages : 487
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Book Description
Author: Mahmood Mamdani
Publisher: Princeton University Press
ISBN: 1400889715
Category : Social Science
Languages : en
Pages : 381
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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.
Author: I.P. Maithufi
Publisher: Oxford University Press, USA
ISBN: 9780199057184
Category : Black people
Languages : en
Pages : 0
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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
Author: Olaf Zenker
Publisher: Routledge
ISBN: 1317014790
Category : Law
Languages : en
Pages : 395
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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.
Author: Martin Chanock
Publisher: Cambridge University Press
ISBN: 9780521791564
Category : History
Languages : en
Pages : 596
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Book Description
Martin Chanock's illuminating and definitive perspective on that development examines all areas of the law including criminal law and criminology; the Roman-Dutch law; the State's African law; and land, labour and 'rule of law' questions.
Author: Hinz, Manfred O.
Publisher: University of Namibia Press
ISBN: 9991642129
Category : Law
Languages : en
Pages : 590
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Book Description
Customary Law Ascertained Volume 3 is the third of a three-volume series in which traditional authorities in Namibia present the customary laws of their communities. It contains the laws of the Nama, Ovaherero, Ovambanderu, and San communities. Volume 2 contained the customary laws of the Bakgalagari, the Batswana ba Namibia and the Damara communities. Recognised traditional authorities in Namibia are expected to ascertain the customary law applicable in their respective communities after consultation with the members of that community, and to note the most important aspect of such law in written form. This series is the result of that process, It has been facilitated but the Human Rights and Documentation Centre of the University of Namibia, through the former Dean of the Law Faculty, Professor Manfred Hinz.
Author: T. W. Bennett
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
