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Author: Julius Lewin
Publisher: University of Pennsylvania Press
ISBN: 151280388X
Category : Law
Languages : en
Pages : 188
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Book Description
This book offers a firsthand examination of legal practice in colonial Africa during the first half of the twentieth century. The author evaluates the place of tribal law in the legal system of South Africa and the complex problems that arise from the conflicting laws of merging cultures. Some of the questions he asks are: What is the relation of tribal law to the common law of the country, especially on the same subject? Can tribal law be developed to keep pace with the changing conditions of tribal society? What is the future of tribal law in South Africa? These questions have sociological implications that reach far beyond the African continent and the waning colonial period during which they were posed.
Author: Julius Lewin
Publisher: University of Pennsylvania Press
ISBN: 151280388X
Category : Law
Languages : en
Pages : 188
Get Book Here
Book Description
This book offers a firsthand examination of legal practice in colonial Africa during the first half of the twentieth century. The author evaluates the place of tribal law in the legal system of South Africa and the complex problems that arise from the conflicting laws of merging cultures. Some of the questions he asks are: What is the relation of tribal law to the common law of the country, especially on the same subject? Can tribal law be developed to keep pace with the changing conditions of tribal society? What is the future of tribal law in South Africa? These questions have sociological implications that reach far beyond the African continent and the waning colonial period during which they were posed.
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: 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: Christian W. McMillen
Publisher: Yale University Press
ISBN: 030014329X
Category : History
Languages : en
Pages : 305
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Book Description
In 1941, a groundbreaking U.S. Supreme Court decision changed the field of Indian law, setting off an intellectual and legal revolution that continues to reverberate around the world. This book tells for the first time the story of that case, United States, as Guardian of the Hualapai Indians of Arizona, v. Santa Fe Pacific Railroad Co., which ushered in a new way of writing Indian history to serve the law of land claims. Since 1941, the Hualapai case has travelled the globe. Wherever and whenever indigenous land claims are litigated, the shadow of the Hualapai case falls over the proceedings. Threatened by railroad claims and by an unsympathetic government in the post - World War I years, Hualapai activists launched a campaign to save their reservation, a campaign which had at its centre documenting the history of Hualapai land use. The book recounts how key individuals brought the case to the Supreme Court against great odds and highlights the central role of the Indians in formulating new understandings of native people, their property, and their past.
Author: Barbara Krauthamer
Publisher: UNC Press Books
ISBN: 1469607115
Category : Social Science
Languages : en
Pages : 228
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Book Description
From the late eighteenth century through the end of the Civil War, Choctaw and Chickasaw Indians bought, sold, and owned Africans and African Americans as slaves, a fact that persisted after the tribes' removal from the Deep South to Indian Territory. The tribes formulated racial and gender ideologies that justified this practice and marginalized free black people in the Indian nations well after the Civil War and slavery had ended. Through the end of the nineteenth century, ongoing conflicts among Choctaw, Chickasaw, and U.S. lawmakers left untold numbers of former slaves and their descendants in the two Indian nations without citizenship in either the Indian nations or the United States. In this groundbreaking study, Barbara Krauthamer rewrites the history of southern slavery, emancipation, race, and citizenship to reveal the centrality of Native American slaveholders and the black people they enslaved. Krauthamer's examination of slavery and emancipation highlights the ways Indian women's gender roles changed with the arrival of slavery and changed again after emancipation and reveals complex dynamics of race that shaped the lives of black people and Indians both before and after removal.
Author: Qwo-Li Driskill
Publisher: University of Arizona Press
ISBN: 9780816529070
Category : Literary Criticism
Languages : en
Pages : 262
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Book Description
ÒThis book is an imagining.Ó So begins this collection examining critical, Indigenous-centered approaches to understanding gay, lesbian, bisexual, transgender, queer, and Two-Spirit (GLBTQ2) lives and communities and the creative implications of queer theory in Native studies. This book is not so much a manifesto as it is a dialogueÑa Òwriting in conversationÓÑamong a luminous group of scholar-activists revisiting the history of gay and lesbian studies in Indigenous communities while forging a path for Indigenouscentered theories and methodologies. The bold opening to Queer Indigenous Studies invites new dialogues in Native American and Indigenous studies about the directions and implications of queer Indigenous studies. The collection notably engages Indigenous GLBTQ2 movements as alliances that also call for allies beyond their bounds, which the co-editors and contributors model by crossing their varied identities, including Native, trans, straight, non-Native, feminist, Two-Spirit, mixed blood, and queer, to name just a few. Rooted in the Indigenous Americas and the Pacific, and drawing on disciplines ranging from literature to anthropology, contributors to Queer Indigenous Studies call Indigenous GLBTQ2 movements and allies to center an analysis that critiques the relationship between colonialism and heteropatriarchy. By answering critical turns in Indigenous scholarship that center Indigenous epistemologies and methodologies, contributors join in reshaping Native studies, queer studies, transgender studies, and Indigenous feminisms. Based on the reality that queer Indigenous people Òexperience multilayered oppression that profoundly impacts our safety, health, and survival,Ó this book is at once an imagining and an invitation to the reader to join in the discussion of decolonizing queer Indigenous research and theory and, by doing so, to partake in allied resistance working toward positive change.
Author: Jan Hoffman French
Publisher: Univ of North Carolina Press
ISBN: 0807832928
Category : Social Science
Languages : en
Pages : 273
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Book Description
Anthropologists widely agree that identities_even ethnic and racial ones_are socially constructed. Less understood are the processes by which social identities are conceived and developed. Legalizing Identities shows how law can successfully serve
Author: Julius Lewin
Publisher:
ISBN:
Category : LAW
Languages : en
Pages : 178
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Book Description
This book offers a firsthand examination of legal practice in colonial Africa during the first half of the twentieth century. The author evaluates the place of tribal law in the legal system of South Africa and the complex problems that arise from the conflicting laws of merging cultures. Some of the questions he asks are: What is the relation of tribal law to the common law of the country, especially on the same subject? Can tribal law be developed to keep pace with the changing conditions of tribal society? What is the future of tribal law in South Africa? These questions have sociological implications that reach far beyond the African continent and the waning colonial period during which they were posed.
Author: Kristin Mann
Publisher: James Currey
ISBN:
Category : Law
Languages : en
Pages : 288
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Book Description
Author: Mieke van der Linden
Publisher: BRILL
ISBN: 9004321195
Category : Law
Languages : en
Pages : 364
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Book Description
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
