Author: Chuma Himonga
Publisher:
ISBN: 9781485107293
Category :
Languages : en
Pages : 392
Book Description
Reform of Customary Marriage, Divorce and Succession in South Africa
Author: Chuma Himonga
Publisher:
ISBN: 9781485107293
Category :
Languages : en
Pages : 392
Book Description
Publisher:
ISBN: 9781485107293
Category :
Languages : en
Pages : 392
Book Description
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.
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.
Traditional Institutions in Contemporary African Governance
Author: Kidane Mengisteab
Publisher: Routledge
ISBN: 135185464X
Category : Political Science
Languages : en
Pages : 246
Book Description
Most African economies range from moderately advanced capitalist systems with modern banks and stock markets to peasant and pastoral subsistent systems. Most African countries are also characterized by parallel institutions of governance – one is the state sanctioned (formal) system and the other is the traditional system, which is adhered to, primarily but not exclusively, by the segments of the population in the subsistence peasant and pastoral economic systems. Traditional Institutions in Contemporary African Governance examines critical issues that are largely neglected in the literature, including why traditional institutions have remained entrenched, what the socioeconomic implications of fragmented institutional systems are, and whether they facilitate or impede democratization. The contributors investigate the organizational structure of traditional leadership, the level of adherence of the traditional systems, how dispute resolution, decision-making, and resource allocation are conducted in the traditional system, gender relations in the traditional system, and how the traditional institutions interact with the formal institutions. Filling a conspicuous gap in the literature on African governance, this book will be of great interest to policy makers as well as students and scholars of African politics, political economy and democratization.
Publisher: Routledge
ISBN: 135185464X
Category : Political Science
Languages : en
Pages : 246
Book Description
Most African economies range from moderately advanced capitalist systems with modern banks and stock markets to peasant and pastoral subsistent systems. Most African countries are also characterized by parallel institutions of governance – one is the state sanctioned (formal) system and the other is the traditional system, which is adhered to, primarily but not exclusively, by the segments of the population in the subsistence peasant and pastoral economic systems. Traditional Institutions in Contemporary African Governance examines critical issues that are largely neglected in the literature, including why traditional institutions have remained entrenched, what the socioeconomic implications of fragmented institutional systems are, and whether they facilitate or impede democratization. The contributors investigate the organizational structure of traditional leadership, the level of adherence of the traditional systems, how dispute resolution, decision-making, and resource allocation are conducted in the traditional system, gender relations in the traditional system, and how the traditional institutions interact with the formal institutions. Filling a conspicuous gap in the literature on African governance, this book will be of great interest to policy makers as well as students and scholars of African politics, political economy and democratization.
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
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
Routledge Handbook of International Family Law
Author: Barbara Stark
Publisher: Routledge
ISBN: 1317043111
Category : Law
Languages : en
Pages : 422
Book Description
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
Publisher: Routledge
ISBN: 1317043111
Category : Law
Languages : en
Pages : 422
Book Description
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
Family and Succession Law in South Africa
Author: Jacqueline Heaton
Publisher: Kluwer Law International B.V.
ISBN: 9403513187
Category : Law
Languages : en
Pages : 375
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in South Africa covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with South Africa. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Publisher: Kluwer Law International B.V.
ISBN: 9403513187
Category : Law
Languages : en
Pages : 375
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in South Africa covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with South Africa. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.