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Author: Thierry G. Verhelst
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 48
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Book Description
Author: Thierry G. Verhelst
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 48
Get Book Here
Book Description
Author: Thierry Verhelst
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 60
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Book Description
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: Enyinna Nwauche
Publisher: Springer
ISBN: 3319572318
Category : Law
Languages : en
Pages : 234
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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.
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: Mahmood Mamdani
Publisher: Princeton University Press
ISBN: 0691180423
Category : History
Languages : en
Pages : 380
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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: Amanda Perreau-Saussine
Publisher: Cambridge University Press
ISBN: 1139463217
Category : Law
Languages : en
Pages : 322
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Book Description
Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
Author:
Publisher:
ISBN:
Category : Economic development
Languages : en
Pages : 532
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Book Description
A quarterly journal of excerpts, summaries and reprints of current materials on economic and social development.
Author: Mary Hallward-Driemeier
Publisher: World Bank Publications
ISBN: 0821395343
Category : Social Science
Languages : en
Pages : 237
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Book Description
This book provides compelling evidence from 42 Sub-Saharan African countries that gender gaps in legal capacity and property rights need to be addressed in terms of substance, enforcement, awareness, and access if economic opportunities for women in Sub-Saharan Africa are to continue to expand.
Author: Paul Kuruk
Publisher: Edward Elgar Publishing
ISBN: 1785368486
Category : Law
Languages : en
Pages : 613
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Book Description
The book examines the national, regional and international frameworks of protection of traditional knowledge in all regions of the world. It also discusses options to enhance the existing legal regimes including the use of customary laws and protocols; the adoption of mutual recognition agreements premised on the principle of reciprocity; and the disclosure of source or country of origin of traditional knowledge in intellectual property applications.
