Introduction to Legal Pluralism in South Africa
Author : Christa Rautenbach
Publisher :
Page : 487 pages
File Size : 41,16 MB
Release : 2021
Category : Black people
ISBN : 9781776173259
Author : Christa Rautenbach
Publisher :
Page : 487 pages
File Size : 41,16 MB
Release : 2021
Category : Black people
ISBN : 9781776173259
Author : J. C. Bekker
Publisher :
Page : 216 pages
File Size : 11,48 MB
Release : 2002
Category : Customary law
ISBN : 9780409012163
Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
Page : 271 pages
File Size : 32,36 MB
Release : 2012-05-28
Category : Law
ISBN : 1107019400
Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.
Author : Jeanmarie Fenrich
Publisher : Cambridge University Press
Page : 563 pages
File Size : 32,1 MB
Release : 2011-07-18
Category : Law
ISBN : 1139497820
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 : Susanne Epple
Publisher : transcript Verlag
Page : 415 pages
File Size : 22,36 MB
Release : 2020-07-31
Category : Social Science
ISBN : 3839450217
Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.
Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 42,85 MB
Release : 2020-09-24
Category : Law
ISBN : 0197516742
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author : Hinz, Manfred O.
Publisher : University of Namibia Press
Page : 590 pages
File Size : 41,43 MB
Release : 2016-01-29
Category : Law
ISBN : 9991642129
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 : Michael A. Helfand
Publisher : Cambridge University Press
Page : 363 pages
File Size : 47,29 MB
Release : 2015-07-02
Category : Law
ISBN : 1107083761
Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.
Author : András Sajó
Publisher : Eleven International Publishing
Page : 271 pages
File Size : 45,79 MB
Release : 2004
Category : Civil rights
ISBN : 9077596046
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Author : Lauren Benton
Publisher : NYU Press
Page : 325 pages
File Size : 44,8 MB
Release : 2013-07-22
Category : Law
ISBN : 0814708188
This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.